Singh v Reginam [1980] FijiLawRp 1; [1980] 26 FLR 1 (30 June 1980)

[1980] 26 FLR 1

COURT OF APPEAL OF FIJI

Criminal Jurisdiction

AJENDRA KUMAR SlNGH

v

REGINAM

Marsack, J.A., Spring, J.A., Speight. J.A.

17 - 18 June, 30 June, 1980

Criminal Law - When voir dire heard - accused confronted with witnesses appeal against conviction and sentence for manslaughter.

S. M. Koya for Appellant
R. Lindsay for Respondent

After the retirement the opinion of the first assessor was "guilty of murder;" the opinion of the second and third assessors, "not guilty of murder, but guilty of manslaughter." The learned Judge concurred with the majority, acquitted the appellant of murder but convicted him of manslaughter; the appellant was sentenced to ten years imprisonment.

The body of appellant's wife was found on 12 December, 1978 in the bathroom of their home. She had suffered an injury to her chest before death. She had not died from this, but from suffocation from burning. No opinion was given as to which of two fires (see later) may have caused the death.

On 12 December, 1978 appellant told the police that he and wife had gone to bed on the evening of the 11 December, 1978; next morning his wife had been up and about, she had breakfast, that appellant had gone to his father's shop; that when he returned home about 11 a.m. he saw smoke from the kitchen and found a fire there. Then he went into the bathroom where he found his wife in a burnt condition. He sought assistance and reported the matter to the police, and gave the account of the events as set out above.

Later further evidence emerged. On 22 April, 1979 the appellant was taken to the Police Station at Sigatoka where it was alleged he gave another account of the events to Sgt. Ratu. This was taken down in writing (though the alleged content was denied at his trial). He was having an affair with another lady; his wife had known about this. On the evening of the 11 December, 1978 they had trouble and she had threatened to leave. He lost his temper, punched her, she fell down and did not get up again. He thought she was dead, became frightened so he put her in a sitting position in the bathroom, spilled benzine on her and set fire to the body; this being about midnight. Next day after being away, he returned, spilled kerosene over her and again lit the body.

Appellant gave evidence that the true account of the evening was the first statement he had made in December; that his belief was his wife may have committed suicide.

He said the alleged confession taken down in writing was not said by him at all; that he understood Sgt. Ratu was merely re-writing the original exculpatroy statement; that he was induced to sign it by a promise that he would be allowed to take back some of his things and to return home.