[1979]DLHC1110 • June 13, 1979 • High Court
REPUBLIC vs. NAGA
The accused, a police constable, was charged with the murder of his wife, Asibi Musah, who died from spinal injuries caused by a heavy impact to the neck. The prosecution alleged the accused inflicted the fatal injury, but there was no eyewitness to the incident in the room where the injury occurred. The accused claimed the deceased fell and hit her neck on a wooden bed edge, which medical evidence confirmed could cause such injury.
read moreJUDGMENT OF ABBAN J. The accused is standing trial on a charge of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). In the particulars of offence, it has been alleged that the accused who is a police constable, murdered his wife, one Asibi Musah on 23 February 1977 at Koforidua, in the Eastern Region. [His lordship hereafter stating the facts as summarised in the headnote of the case continued:] It has to be borne in mind that the burden of proof on the prosecution is heavier in murder cases and the standard of proof is also higher. My duty at this stage therefore is to decide whether or not the prosecution has been able to prove all the essential ingredients of the crime beyond reasonable doubt. There is no doubt that the prosecution was able to establish that the deceased, Asibi Musah, mentioned in the particulars of the offence is dead and that she died as a result of spinal injuries caused by a heavy impact to the region of the neck. The question the...