JUDGMENT

Mohd. Zahir Ismail J:

The appellant appealed to this Court against the decision of the learned Magistrate. I dismissed the appeal. He now further appeals.

The case for the respondent was that the deceased was just before the accident at about 10.15 p.m. pedalling a trishaw towards the direction of Pasir Mas. PW1 heard the sound of collision and he turned to see a car knocking the trishaw driven by the deceased. He saw the deceased carry a torchlight in his hand and the torchlight was on. The trishaw had no lights but had two reflectors on each side of the rear wheels.

The evidence for the appellant was that he saw a trishaw in the middle of the road. Then the accident took place. The reason as to how the accident took place, as given by the appellant, was that at the time there was a car coming towards him and he could not see the trishaw earlier. He further stated at that time he could not see anything in front of him. He dimmed his light and he suddenly noticed the trishaw but it was already too late.

The learned Magistrate in his judgement referred to the brake marks of the appellant's car which was very close to the side table. He stated if the appellant was a careful