THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT LIRA
CRIMINAL SESSION CASE No. 0089 OF 2003
UNGADA ::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
-VERSUS-
GEOFFREY KASULE ONGUNE::::::::::::::::::::::::::::: ACCUSED
BEFORE: HON LADY JUSTICE MARY I.D.E.MAITUM
J U D G M E N T:
The accused was indicted for Murder contrary to section 183 and 184 of the Penal Code Act. It was stated that the accused on or about the 26/8/2001 at Angwalo village, Adwari Sub-county Otuke County unlawfully killed Awio David with malice aforethought.
The accused denied committing the offence.
Briefly the facts are that on 26/8/2001 the body of David Awio was found by his wife on the road. She informed the people with whom she had been drinking. They took her to the sub-county headquarters as a suspect.
In the morning there was information that the accused had gone to the home of Ocan Patrick requiring him to give him shs.5,000/= to go to Lira. He told Ocan that he had hit the deceased on the head and thought he might be dead. Ocan had no money so the accused spent the night and left early in the morning.
The accused testified that he was in Loro on the night in question thereby raising an alibi. He stated that he had left for Loro on 23rd August 2001.
The prosecution called upon seven witnesses plus the post mortem report which was agreed to by both counsels, to be admitted in evidence.
The burden of proof of the guilt of the accused is in almost all cases on the prosecution. It does not shift to the defence unless there is a statutory provision: Woolmington Vs DPP [1935] Ac 362 and Lubogo Vs Uganda [1967] EA 440.
There are four essential ingredients in the offence of Murder which the prosecution must prove beyond reasonable doubt.
These are:
1.
Death of human being.
2. The death was unlawfully caused.
3. Malice aforethought.
4. Participation of the accused in causing death.
Concerning the first ingredient the post mortem report revealed that David Awio died of a fractured neck caused by a blow or blows from a club found near the body. PW2, 3 and 4 and others confirmed that the deceased was dead and later buried. Death has therefore been proved.
The second ingredient to be proved is that death had been caused unlawfully.
Every homicide is deemed to be unlawful unless legally justified: R Vs Tubere s/o Ochen [1945] EACA. David
