EMMANUEL JOSEPH Vs. KING

JUDGEMENT

(1.) This is an appeal against the purported conviction of the appellant by the Supreme Court of Fiji (Criminal Jurisdiction) on 10 - 9 - 1945, for the manslaughter on 4 - 2 - 1945, of a child named Ravindra, and against the sentence of five years' penal servitude thereupon passed upon the appellant.

(2.) At the conclusion of the arguments their Lordships announced that they would humbly advise His Majesty that the appeal should be allowed and the conviction and sentence quashed and they now state their reasons.

(3.) The question of law which arises in this appeal is similar to that which arose in Appeal No. 94 of 1946.which was heard by their Lordships' Board immediately before this appeal, though the facts in this appeal are different. Reported in ('48) 35 AIR 1948 PC 81 : 49 Cr LJ 258, Patesari Maharaj V/s. The King.