[1979]DLHC1088 • October 19, 1979 • High Court
NIMOLGU AND OTHERS vs. THE REPUBLIC
The appellants, all farmers from Zuarungu, were charged with unlawfully causing harm to two complainants, Henry Azugre and Anaafo Azugre, on 14 February 1978. The appellants ambushed the complainants at about 7:30 p.m., armed with sticks and a cutlass, and inflicted severe injuries causing unconsciousness. The complainants were found the next morning by police and hospitalized with serious fractures and lacerations corroborated by medical reports.
read moreJUDGMENT OF TAYLOR J. The three appellants in this case were jointly charged with the offence of causing harm contrary to section 69 of the Criminal Code, 1960 (Act 29). They were all convicted by the Circuit Court, Bolgatanga, and were each sentenced to a term of nine months’ imprisonment with hard labour. They have appealed against their convictions and sentences and in view of the grounds of appeal filed on their behalf it is necessary to set down the statement of offence and the particulars of offence as they were contained in the charge sheet upon which they were arraigned. They are: “STATEMENT OF OFFENCE Causing harm: (2 Counts) section 69 of Act 29/60 PARTICULARS OF OFFENCE 1. Aburo Nimolgu—Farmer, 2. Atibire Nimolgu —Farmer and 3. Abugbire Akologo — Farmer: For that you on 14 February 1978 at about 7.30 p.m. at Zuarungu in the Upper Circuit and within the jurisdiction of this court did unlawfully cause harm to one Henry Azugre. 2. Aburo Nimolgu — Farmer, 2. A...