Summary
The surviving appellants’ murder convictions were upheld on credible injured-eyewitness testimony corroborated by medical evidence. Their cross-examination did not support the suggestion that they were introduced witnesses. The earlier assault, armed gathering, exhortation and concerted sword attack cumulatively established the unlawful assembly’s murderous common object. Minor discrepancies did not undermine the witnesses’ credibility.
Issues
- Whether the injured witnesses were credible and the evidence established a common object to commit murder.
Held
- Medical examination on the occurrence date and the deceased’s injuries corroborated the injured witnesses’ account; lengthy cross-examination did not establish that they had been introduced. (¶ 9–11)
- Contradictions attributable to perception or passage of time did not shake these witnesses’ credibility. Failure to prove part of a statement does not require rejection of the entire testimony under an inapplicable falsus-in-uno rule. (¶¶ 12, 14)
- The earlier attack, swords, exhortation and ensuing assault established a common object to take the deceased’s life on the cumulative evidence, distinguishing the authorities relied on by the defence. (¶ 13)
Result
Appeal dismissed; convictions and sentences affirmed for the surviving appellants. Three months allowed to surrender before the competent court.