(1993) JELR 69442 (CA)    
Court of Appeal  ·  24 Jun 1993 ·  Ghana
Core Terms Beta
circumstantial evidence
trial judge
instant case
butt of the gun
committal proceedings
caution statement
end of the trial
muzzle of the gun
significant point
supreme court
village chief
accused person
appellant’s story
appellant twice shot
appellate court
brother hold
case of kuo-den
case of the appellant
death of the deceased
deceased shouting
defence of the appellant raise issues
district court
dying asantewaah
evidence of pw2
evidence of that witness
exhibit b. exhibit b
exhibit f.
first arrest
first place
given case
gun fire
gunshot wounds
gyabaah v republic
mary akosua asantewaah
medical officer
only place
reasonable explanation
second time
see hodge’s case
serious material conflict
sobti v republic
spite of the evidence
stab wound
state of mind of a person
time of the death
viva voce evidence


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 …

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