[2020]DLCA9353May 29, 2020Court of Appeal

YAW OBENG vs. THE REPUBLIC

The appellant, Yaw Obeng, was charged with murder for intentionally causing the death of Osmanu Umaru, a Fulani herdsman, by gunshot on 19 January 2009 near Agogo in the Ashanti Region. The deceased was grazing cattle with his brother Abdulai Umaru when he was shot. Abdulai Umaru identified the appellant as the shooter. The appellant fled and was arrested two years later. The autopsy confirmed death by gunshot wounds.

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DOMAKYAAREH (MRS), JA: [1] This is a criminal appeal against the Summing Up and in effect the judgment of the High Court, Kumasi dated 18th December 2013. The Appellant herein was charged with the offence of Murder contrary to Section 46 of the Criminal Act, 1960 (Act 29) in that on 19th January, 2009 at Mankala village at Akwamu SGD. near Agogo in the Ashanti Region of Ghana, he intentionally caused the death of Osmanu Umaru by unlawful harm. [2] The facts of the case are that the deceased, Osmanu Umaru, was a Fulani herdsman who resided at Bebome near Agogo while the Appellant was a farmer who lived at a cottage at Akwamu near Mankala village in the same vicinity. On 19th January 2009, as aforesaid, the deceased and his brother Abdulai Umaru took their cattle for grazing at a village called Mankala near Agogo. At about 1:00 pm while still with the cattle, Abdulai Umaru heard a gunshot. The deceased shouted in pain that someone had killed him. Abdulai Umaru attempted to go to the ai...