THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
AT THE SESSION HOLDEN AT MUBENDE
CRIMINAL SESSION CASE NO. 47 OF 2000
UGANDA .::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
VERSUS
1. KALIMINDA JOHN]
2. BYARUHANGA ALEX]:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED
3. JUNNY RICHARDS]
BEFORE: THE HON. MR. AG. JUSTICE PAUL K. MUGAMBA
JUDGMENT
The three accused persons were indicted for murder contrary to sections 183 and 184 of the Penal Code Act. In support of its case the prosecution called a total of 4 witnesses. They were Mary Nalongo Nakabu (PW1), Henry Kiggundu (PW2), Dr. Ochan Banda (PW3), No. 25835 D/C Wakubaruho Herbert (PW4). The accused persons opted to make no statements and called no witnesses.
In summary the prosecution case is as follows. On the night of 27th July, 1998 at about 8 p.m A.2 and A.3 went to the home of PW1 where they bought two bottles of tonto which they took away with them. When they arrived at the home of PW1 they had found the deceased there. They found her in the process of leaving. A.3 offered the deceased some tonto but the deceased declined. The deceased was intent on leaving and left