THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT MBARARA

HCT-05-CR-SC-065-2006

UGANDA.................................. PROSECUTOR

VS

A1 TUMWEBAZE DENIS)

A2 ASHABA RICHARD )................... ACCUSED

A3 GUMISIRIZA FRED )

BEFORE: THE HON. MR. JUSTICE LAWRENCE GIDUDU

JUDGMENT

On the night of 17/11/04, Sunday George William (PW3) was asleep in his house. He was woken up by people already in his house. They assaulted him and his wife before robbing him of money and other household properties.

The following day, Tumwebaze Denis alias Kagyere (A1), Ashaba Richard (A2) and Gumisiriza Fred (A3) were arrested and charged with robbery contrary to sections 285 and 286 (2) PCA.

All the three accused denied the charges hence this trial.

The prosecution case is that when PW3 woke up, people whose number he does not know were already in the house. They demanded for money lest they kill him. They tied him and his wife with ropes on both the arms and legs. They assaulted them with the flat sides of pangas until they surrendered money which was in a bag hung on the wall.

There were many bags on the wall and so A1 who PW3 had known prior as a village mate asked him to show them the correct bag on the wall which he did.

The assailants also took a bicycle, 2 cameras and clothes. A1 asked PW3 if the neighbours were around and he said yes.

The assailants went to break a