[1965]DLSC1817 • December 6, 1965 • Supreme Court •
KLUVIA vs. THE STATE
The appellant was convicted of murdering his pregnant wife, Ami Sovor, on 4 September 1963 at their farm in Oworobong. On the day of the incident, the deceased was found lying in a pool of blood with multiple cut wounds inflicted by a cutlass. Witnesses heard her cries for help and found the appellant at home admitting to killing his wife. Medical evidence confirmed fatal injuries caused by a sharp instrument. The appellant gave statements admitting to the killing but claimed lack of intent and alleged provocation and self-defense during trial, which he denied in earlier statements.
read moreJUDGMENT OF SIRIBOE J.S.C. Siriboe J.S.C. delivered the judgment of the court. At the Criminal Session held in Accra on 27 August 1964 by Archer J. sitting with a jury, the appellant was convicted of the offence of murdering his wife, one Ami Sovor, in the bush at Oworobong on 4 September 1963. It is against that conviction that the appellant has appealed to this court. The facts relied upon by the prosecution are as follows: On the eventful day in question, the deceased, then about 28-30 weeks’ pregnant went to their farm. On the same day, both the second and third prosecution witnesses who apparently came from the same town as the appellant also went to their farms situated in that neighbourhood—about 100 yards and 300 yards respectively, from that of the appellant. Whilst working there in the morning, the second prosecution witness heard somebody shouting “I am dying, I am dying, come to my aid.” On hearing this the second prosecution witness in turn shouted for the thir...