OSEI-HWERE J.A.
The appellant was indicted and arraigned before the criminal assizes held in the High Court, Accra for the murder of one Amadu Tunde. The incriminating facts, at their best, were supplied by the appellant himself who testified to the effect that he was bent upon recovering from the deceased Tunde money which Tunde had taken from the appellant’s girl friend. As the appellant was walking with Tunde towards his house for the money he stopped at a spot and refused to go further. The appellant held his shirt and tried to drag him along and in the process Tunde slapped him. He retaliated with a single slap which felled him in a supine position.
At this stage one Mohammed Issaka who had been attracted to the scene by the quarrelling he heard from his house led Tunde away. According to the evidence of the first, second and fifth prosecution witnesses (who were put forward as eyewitnesses) this incident took place in the night of 1 July 1984, sometime before 8 p.m. These witnesse…