KWAKU TENGE@BURGER vs. THE REPUBLIC

The Appellant was convicted by the High Court Ho on charges of conspiracy to commit robbery contrary to Section 23(1) of Act 29/60 as amended by Act 646 of 2003 and robbery contrary to Section 149 of Act 29/60 as amended by Act 646 of 2003. The facts of the case were that on 9th October, 2003, Issifu Sambo and Mahama Bande both Fulani herdsmen were returning from Ho to their village known as Wumenu, where they had gone to sell a cow and realised an amount of Two Hundred and Fifty Cedis (GH¢250.00).They were walking to their village Wumenu, through a bush path with the sum of GH¢250.00 in the night. At about 8:30 pm, they were attacked by three men. One of the attackers was wielding a gun. The attackers caught up with Mahama Bande, one of the Fulani herdsmen and searched him for the money. When they did not find that money on him they pursued the other person, Issifu Sambo(deceased). In order to scare him they fired a gun shot but did not hit him. They chased him, caught up with him,.....