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State v Dayal [2011] FJHC 476; HAC009.2010 (29 August 2011)

IN THE HIGH COURT OF FIJI
AT LABASA
CRIMINAL JURISDICTION

CRIMINAL CASE NO. HAC 009 OF 2010

BETWEEN:

STATE

V.

DEWAKAR DAYAL

Counsel: Ms. M. Fong for the State
Mr. A. Sen with Mr. K. Padayachi for the for Accused

Date of Hearing: 22nd to 26th August 2011
Date of Summing Up: 29th August 2011
Date of Judgment: 29th August 2011

JUDGMENT

[1] Dewakar Dayal, you have been charged with the following offence:

Statement of Offence

MURDER: Contrary to Section 273 of the Crimes Decree No. 44 of 2009.

Particulars of Offence

Dewakar Dayal s/o Ram Dayal, between the 12th day of March 2010 and the 13th day of March 2010 at Dreketi in the Northern Division murdered Ronita Devi d/o Girwar Prasad.

[2] In the unanimous opinion of three assessors you have been found not guilty of the offence, and in directing myself on my own summing up and then being opinions rendered on a purely factual basis, I will not interfere. I find you not guilty of the offence; you are acquitted and discharged.

Paul K. Madigan
Judge

At Labasa
29th August 2011