Sowah J.A. delivered the judgment of the court. On 18 October 1977 we quashed the death sentences imposed upon the appellants for the murders of Akufo Kasawu and Tetteh Borboryoe, acquitted and discharged them and reserved our reasons for so doing. We now proceed to give those reasons.
The case presented by the prosecution was that on 23 December 1974 the deceased persons, Akufo Kasawu and Tetteh Borboryoe together with the first prosecution witness, Akufo Brother, son of Akufo, the deceased, and the second prosecution witness, Joseph Kasawu, brother of Akufo, were in the farm of Akufo, the deceased, when the appellants, Tetteh Bana Awaitey and his father Lawrence Tetteh Bana, in the company of several other persons went to the farm and questioned Akufo Kasawu about their presence on his farm. There was a heated exchange of words between Akufo and Lawrence Tetteh Bana, the second appellant, who then aimed a gun at Tetteh Borboryoe. The latter being afraid and as a sign of submission dr…