State v Sharma [2009] FJHC 61; HAC045.2008 (3 March 2009)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

Criminal Case No. HAC 045 of 2008

STATE

V

DASWA NAND SHARMA

Date of Hearing: 16th February 2009
Date of Judgment: 3rd March 2009

Counsel: Ms. V. Lidise for the State
Accused in person

JUDGMENT

[1] The Accused is charged for the offence of attempted murder contrary to Section 214(b) of the Penal Code.

[2] The three assessors have unanimously found him guilty of the offence of attempted murder.

[3] I remind myself in terms of the direction I gave the assessors and I have considered the evidence at the trial.

[4] On the evidence adduced I am satisfied beyond reasonable doubt that the accused had the intent to kill Malti Devi and secondly it was the accused and no one else who inflicted the injuries with a knife on Malti Devi. I also am satisfied beyond reasonable doubt judging by the injuries and evidence of Dr. Patel that these injuries were likely to endanger human life.

[5] I concur with the unanimous opinion of the three assessors and convict the accused of attempted murder contrary to section 214(b) of the Penal Code.

[Jiten Singh ]
Judge

At Lautoka
3rd March 2009.