KWASI KUMA vs. THE REPUBLIC

Apaloo J.A. read the majority judgment. On 25 July 1968 the appellant was convicted in the High Court, Sunyani, by Sampson Baidoo J. sitting with a jury of the murder of one Kwadjo Francis and was sentenced to death. The appellant was related to the deceased by marriage. The latter was a fetish priest who earned a living by his fetish. He lived in a village called Oppongkrom which is about four miles from Goaso. At about 7 p.m. on 3 January 1967, the deceased was performing certain fetish rites in the yard of his house. With him were some members of his family. All of a sudden, the deceased was hit by pellets from two gunshots which were fired in rapid succession. He sustained injuries in his forehead and left side of the chest and died moments afterwards. Dr. Horvath who performed an autopsy on the body of the deceased was of opinion that death was caused by “haemothorax” of the left side of the chest. None of the members of the deceased’s family who were with him saw who fir...