The accused person No241C Police constable Alex Mugenyi, whom I hereinafter refer to as the accused is indicted for murder of one Mujumbi John contrary to the provisions of section 183 of the Penal Code Act. The particulars of the indictment allege that on 3/12/92 the accused murdered John Mujumbi at Kidera police post in the District of Kamuli.

The accused pleaded not guilty to the indictment.
It is the law that once an accused person pleads not guilty to the charge it becomes the duty of the prosecution to prove beyond reasonable doubt each and every ingredient of the offence with which the accused stands charged. In a murder case like the one now under consideration the duty is placed upon prosecution to prove beyond reasonable doubt, inter alia, that a human being was unlawfully killed, that the killing was with malice
aforethought and that the accused person participated in That killing (See section 183 of the Penal Code Act).
 

It is not in dispute that; a man by the name of John Mujumbi is dead. All the witnesses called by prosecution and the accused himself are in full agreement that Mujumbi died on the morning of 3/12/92, What this court must decided is whether or not