NKYIFIE vs. THE REPUBLIC

JUDGMENT OF ANIN J.A. Anin J.A. delivered the judgment to the court. The appellant was convicted of the murder of his wife, one Adjoa Bosuo, at the Sunyani criminal session on 22 June 1972, after he had been tried and found guilty by a seven-man jury. The facts of the case were simple and not complicated. The appellant, a farmer, married the deceased and they cohabited happily together for about seven years at Faomae Badu prior to the incident. There wore two issues of the marriage. On the day in question, 2 November 1970, the couple went to farm and returned home in the evening. After supper they retired to bed. There was no evidence of any rupture in their cordial relations throughout that fateful day and night. According to the testimony of the first prosecution witness, Francis Kofi Fofie, (the appellant’s first cousin) who lived in the same house as the couple, the appellant knocked at his door at about 1 a.m. that same night and aroused him from sleep shouting: “Kofi wake ...