This ruling is in respect of a submission of no case to answer made by the learned defence counsel Mr. Musana on behalf of the second accused James Kasiima. The two accused were indicted for robbery Contrary to sections 272 and 273 (2) of the Penal Code Act. Both accused pleaded not guilty to the indictment.
The prosecution case has been based on the evidence of 5 witnesses P.W.I. Yovan kyalimpa, the complainant, P.W.3 Violet Kyalimpa and P.W.2 Daniel Kyomya Kyalimpa are the only persons who witnessed the events of the night of the robbery. P.W.I and p.w.3 testified that they never identified any one on the night of the attack P.W.2 testified that he identified Al Katuramu. As was pointed out by Mr. Musana, the spear allegedly used in the attack was identified by the complainant as belonging to one Ruhweza. The search which was made in