State v Kumar [2006] FJMC 26; Criminal Case No 206 of 2006 (10 October 2006)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Navua Criminal Case No. 206 of 2006

STATE

V

ANUP KUMAR s/o Ram Kissun

Prosecution: Insp. Suruj
Defence: In Person

JUDGMENT

The accused has been charged for 2 counts of Assault Occasioning Actual Bodily Harm contrary to S245 of the Penal Code.

Particulars are on 21st day of June 2006 at Navua he assaulted Nitin Chand (C1) and Amit Atish Chand (C2) occasioning actual bodily harm.

The accused chose not to come to hearing despite notice to him on 23/8/06. This case was heard in absence of accused.

The two complainants and accused and one Rajend were drinking at the 2nd complainant Amit’s house. Later Anup left to find someone’s wife who was missing. Anup then came back and rejoined the drinking party. The complainant in count 1 asked if the wife was found. This made Anup angry.

There was a scuffle between them. Anup assaulted the first complainant on side of head and eye. He hit the 2nd complainant with a torch on heard. He received 6 stitches on head. Ritesh’s medical report shows swell 1 cm in the head and eyes region had redness.

I have considered whole of the evidence. I am satisfied beyond reasonable doubt that prosecution has proved its’ case.

I find the accused did assault the two complainants as charged and it caused them actual bodily injuries.

Accused is found guilty as charged.

Dated this 10th day of October 2006.

Ajmal Gulab Khan
RESIDENT MAGISTRATE