[1963]DLSC2005 • February 1, 1963 • Supreme Court •
BEDIAKO AND OTHERS vs. THE STATE
On 3rd October 1961, during the night, gunshots were heard in the streets of Nkwankwaa village. The complainants (P.W.1 and P.W.2) were attacked in their home by a group of people including the appellants, who forcibly entered their rooms, stole various items including money and goods, and assaulted P.W.1. The third appellant was seen among the raiders but was later sent by P.W.1 to report the incident to his mother. The police arrested the appellants the same day and obtained cautioned statements. The first and second appellants claimed alibi, stating they were in another village, Abofuor, at the material time, supported by witnesses. The third appellant also claimed to have been asleep in a locked room during the incident.
read moreJUDGMENT OF CRABBE J.S.C. Crabbe J.S.C. delivered the judgment of the court. The circumstances out of which the case arose and the facts on which the prosecution relied are set out in detail in the following passage from the judgment of the circuit judge: “On the 3rd October, 1961, P.W.1, who lives in the same room with P.W.2 went to bed at about 9 p.m. While the inhabitants were asleep they heard reports from guns in the streets. P.W.1 came out of his room into his yard and attempted to open the gate when he realised it had been locked from outside. While in the yard P.W.1 asked P.W.2 to come out. P.W.1 later heard a bang on the door of the empty store leading into the yard. Many people came into the yard and one flashed a torchlight on P.W.1’s face. P.W.1 later realised it was No.1 accused and asked why he was doing that. No.1 accused hit P.W.1 with the butt of a gun and P.W.1 fell down. While on the ground P.W.1 saw No.2 accused and No. 3 accused pass him towards his room....