THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA
HOLDEN AT TORORO
HCT-04-CR-SC-259/2002
UGANDA …………………………………………………………...………….PROSECUTION
VRS
KINYERA DAVID…………………………………………….……………………..ACCUSED
BEFORE THE HON. LADY JUSTICE FAITH MWONDHA
RULING
The accused person was indicted on two counts i.e. one of murder c/s 183 and 184 of the Penal Code Act. And on the 2nd count of Robbery c/s 272 and 273 (2) of the Penal Code Act.
It was alleged by the prosecution that the accused and others still at large on the 3rd day of April 2001 at Abore “A” Zone in the Tororo District unlawfully murdered Nyaketcho Angella. And also that the accused and others still at large on the 3rd day of April 2001 at Abore “A” Zone in Tororo District robbed Bamura Stella of cash shs.80,000 (eighty thousand shillings only) and at or immediately before or immediately after the robbery used a deadly weapon to wit a gun to the said Bamura Stella.
Always in criminal cases the prosecution has the burden to prove the case beyond reasonable doubt in order to bring the guilt of the accused person home. In the first count the prosecution has to prove the following ingredients.
1.
That the deceased is dead.
2. That the cause of death was unlawful.
3. That there was malice aforethought.
4. That the accused participated in the act.
The defence Counsel submitted a no case to answer on both counts in that there was no evidence established to require the accused to be put on his defence.
The evidence of the prosecution depended on
