THE STATE vs. ANANI FIADZO [1961]DLSC1294

Date	1961-06-26
Suit No.
Citation No.	[1961]DLSC1294

KORSAH JSC

C.J. JSC

SARKODEE-ADOO JSC

AKIWUMI JSC

J. C. ARMAH FOR THE APPELLANT

K. DUA SAKYI FOR THE RESPONDENT (THE STATE).

[1961]DLSC1294
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&nbsp;vs.

&nbsp;[SUPREME COURT]

[1961] 1 GLR 416

DATE: 26TH JUNE, 1961.

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COUNSEL:&nbsp;&nbsp;

J.
C. ARMAH FOR THE APPELLANT.

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KORSAH, C.J., SARKODEE-ADOO
AND AKIWUMI, JJ.S.C.

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&nbsp;

The appellant, stood his trial at the Assizes held in the High
Court at Ho on the 7th June 1960, for the murder of one Kofi Fiadzo at Whuti in
the Trans-Volta Region on Sunday, the 24th May, 1959. The prosecution led
evidence to the effect that the deceased was the younger of two sons of the
appellant and early in the morning of the day in question, both children had
gone to the house of a friend, one Dunya Kwaku, and were playing “sticks”
together under a tree when the appellant came and called the younger son away;
this was the last time the friend and the elder brother Kwashie saw him alive.
Later that morning when the elder boy returned home the appellant took hold of
him and started to beat him with a hoe stick; they were alone in the house. One
Agbeviede, the appellant’s uncle, who was in his farm nearby was attracted by
the boy’s shouts for help and in consequence raised an alarm when he came to
the scene but the appellant had ran away; the boy who was seriously wounded on
the back of his head and on his eyebrow was admitted to hospital, where he
recovered.

In consequence of a report that the appellant and the deceased
were missing, a search party set out on the following day (Monday) in search of
the appellant and the deceased. In the course of the search the body of the
deceased was discovered near the farm of the appellant—about 20 yards away. The
body was lying on the ground covered with cut grass with the feet exposed.
Round about there was grass growing and the body was lying near a well. The
appellant was not found during the search. The discovery was reported to the
police who later came to the spot and removed the body.

The appellant was arrested by the police three days later on his
way from the bush to Anlo town and was found with a fresh cut on his throat. He
was admitted to hospital and was discharged on the 10th June, 1959. In the
investigation statement taken from him on caution on the day of his arrest he
stated as follows:

“On Sunday 24-5-59 at about 8 a.m. I called the deceased Kofi
Fiadzo my own son who was then playing with his elder brother and 2 other boys
to lead me to farm which was at the outskirt of Whuti town. After having bathed
him I left him at the gate between the town and surrounding farms. I did not
see him any more. In the house his elder brother Kwasi Fianzdo whom I
previously warned to go to church felt reluctant to go. I became annoyed and
beat him with a cudgel. After thinking of the seriousness of the wound
inflicted on him during the beating I regretted. I then went to the bush and
attempted to commit suicide by cutting my throat with a knife. I cannot
remember where I left the knife.”

When, upon his discharge from hospital, he was formally charged
with the murder of the deceased he made a statement on caution thus:

The appellant in his evidence at the trial denied the contents of
his investigation statement (exhibit B) or ever mentioning the name of Kofi
Fiadjo (the deceased) in his said statement, but admitted beating the elder son
Kwashie with a hoe stick (exhibit D); and also said in the course of his
evidence:

“I bathed Kofi that morning—in the house. I did not bathe Kwashie.
I saw him take a bath in the farm at the well. It is correct that I regretted
beating Kwashie. After thinking of the seriousness of the wound inflicted on
him I regretted it. I did not go to commit suicide. I cut my throat because I
regretted killing Kwashie. I did not cut my throat. I had a wound in my throat.
It was cut by a knife. I was holding the knife. It was because of P.W. 4 who
was wounded. That is why I had my wound—That was the reason for using the knife
on myself. I was not trying to end my life. It did not occur to me to cut my
finger. I was not trying to do anything. It would be correct to say I was
trying to commit suicide. I cannot tell if people commit suicide. I cannot tell
if people commit suicide because of small injuries inflicted by them on
others.”