The High Court in Lautoka has acquitted a Sigatoka man for attempted murder.
In his judgement, Justice Sunil Sharma found Vimlesh Goundar not guilty of the attempted murder of his brother in 2017.
He convicted him of assault causing grievous bodily harm instead.
The court heard Mr Goundar’s elder brother had returned from a wedding when he was attacked by two men armed with an iron rod and a knife in Ulusila, Sigatoka.
The victim was struck on the neck by one of the attackers with an iron rod but managed to fight them off.
However, he sustained serious injuries when the second attacker struck him with a knife.
He was admitted at the Lautoka Hospital for eight days.
Mr Goundar was arrested by police after he was identified by a neighbour who claimed to have seen the accused fleeing the scene of the crime.
Justice Sharma said despite vigorous cross examination, the neighbour’s account was steadfast in his recognition of the accused.
“I am satisfied beyond reasonable doubt that the accused was present at the scene of the crime during the early hours of June 9, 2019 and he was the one who had
assaulted the complainant with an iron rod,” he said.
“Taking into consideration the evidence adduced by the prosecution and the defence and on the totality of the evidence, I am not satisfied beyond reasonable doubt that the accused had intended to kill the complainant with the iron rod, however, this did not mean that the accused did not assault the complainant.”
Justice Sharma acquitted the accused of attempted murder, but found him guilty of assault causing grievous bodily harm.
