KWASI GOGAH vs. THE REPUBLIC

ADJEJI, J.A. This appeal is against the judgment of the High Court Ho delivered on 28th July, 2008. A charge of murder contrary to Section 46 of the Criminal and other offences Act, 1960 (Act 29) was preferred against the appellant herein. He was convicted for murder by the Jurors and sentenced to suffer death by hanging by the Court. Appellant dissatisfied with the conviction by the Court appealed to this Court to reverse the conviction. The Appellant filed the following grounds of appeal: “(a) That the evidence of PW2 which made up the falsehood and which the Court below referred to in the summing up has occasioned a substantial miscarriage of justice. (b) That the evidence of PW2 clearly shows that PW2 was not in the room and therefore could not have testified on any material fact touching and concerning any event that allegedly took place in the room therefore it has occasioned a substantial miscarriage of justice. (c) That none of the witnesses ever testified that he or she.....