ODUPONG
V.
REPUBLIC

BROBBEY JA.

The appellant was charged with murder, contrary to section 46 of the Criminal Code 1960 (Act 29). According to the prosecution, the facts which gave rise to the charge are that on 2 July 1988, the appellant twice shot and killed his wife, Mary Akosua Asantewaah, in his room at Berekum. The appellant pleaded not guilty to the charge. His defence was that the gun fired accidentally and killed the deceased. After a trial by jury, he was convicted of the offence of murder. It was against that conviction and sentence that he appealed to this court. In arguing the appeal, Mr Mensah who appeared for the appellant contended that the trial judge failed to give adequate consideration to the case of the appellant. That submission is not borne out by the evidence on record and the summing up. Throughout the period spanning the time of the death of the deceased up to the end of the trial, the appellant put up only one defence which was that of accidental killing. In the summing up, the …