[1981]DLCA2162September 9, 1981Court of Appeal

NARTEY vs. THE REPUBLIC

JUDGMENT OF EDWARD WIREDU J.A. Edward Wiredu J.A. delivered the judgment of the court. This is an appeal from a conviction of the appellant on 28 July 1980 on a charge of murder of one Amadu Fulani at a farm situate on the Afienya Dawhenya road by Amate-Kisseih J. with a jury at a criminal session of the High Court, Accra. The facts of this case reveal that the harm which resulted in the death of the late Amadu Fulani was at the instance of the appellant and the main issue of fact of the consideration of the jury was whether the act of the appellant amounted in law to murder or whether the plea of self-defence as put up by the appellant was made out or failing which whether the crime of murder on the available evidence could be reduced to manslaughter by extreme provocation. The appellant was the only eye-witness to the events resulting in the death of the deceased. No one apart from him knew the circumstances surrounding the killing of the deceased. The case for the prosecution...