[1965]DLSC1819 • December 13, 1965 • Supreme Court •
KONKOMBA vs. THE STATE
The appellant was tried at the High Court, Tamale, for the murder of Yentsum Konkomba arising out of a violent disturbance at Wulesi market on 20 December 1963 involving members of the Charbe and Sanguli groups. The prosecution evidence was materially inconsistent as to how the deceased was struck and what weapon, if any, was used. One witness alleged that the appellant hit the deceased on the right side of the head with a stick; a police constable also gave evidence that, through an uncalled interpreter, the appellant admitted using a native stool. Medical evidence later disclosed a fracture of the right temporal bone and cerebral haemorrhage as the cause of death. The appellant’s own case was that, during the fight, he attempted to strike another participant, Modja Konkomba, but accidentally hit the deceased. Portion of judgment: “The appellant was convicted at the High Court, Tamale, on 19 March 1964, for the murder of Yentsum Konkomba and sentenced to death…”, and later, “the appellant himself admitted that he was taking sides in an unlawful fight and in an attempt to strike one Modja Konkomba… he accidentally struck the deceased.”
read moreJUDGMENT OF AKAINYAH J.S.C. Akainyah J.S.C. delivered the judgment of the court. The appellant was convicted at the High Court, Tamale, on 19 March 1964, for the murder of Yentsum Konkomba and sentenced to death. Against his conviction the appellant has appealed to this court upon a number of grounds including the following: “(4) The learned trial judge admitted inadmissible evidence which influenced the jury’s mind and thereby caused a miscarriage of justice. (5) The prosecution failed to produce material evidence. (6) The prosecution failed to prove that cause of death was attributed to any acts of the appellant.” The facts of the case given by the witnesses for the prosecution are rather conflicting therefore we have reproduced in extenso the evidence of the material witnesses. The first prosecution witness, Koya Konkomba, testified as follows: “On 20 December 1963 I was in the market at Wulesi selling pito. I knew Yentsum Konkomba. He was my brother. I saw him that...