BEDIAKO AND OTHERS vs. THE STATE [1963]DLSC2005

Date	1963-02-01
Suit No.
Citation No.	[1963]DLSC2005

CRABBE JSC

OLLENNU JSC

BLAY JSC

FIRST APPELLANT IN PERSON

PUPLAMPU FOR THE SECOND AND THIRD APPELLANTS

ANNAN

SENIOR STATE ATTORNEY

FOR THE RESPONDENT (THE STATE).

[1963]DLSC2005
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BEDIAKO AND OTHERS

[SUPREME COURT]

[1963] 1 GLR 48

DATE: 1ST FEBRUARY, 1963.

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COUNSEL:&nbsp;&nbsp;

FIRST
APPELLANT IN PERSON.

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CRABBE, OLLENNU AND BLAY
JJ.S.C.

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&nbsp;

Crabbe J.S.C. delivered the judgment of the court. The
circumstances out of which the case arose and the facts on which the
prosecution relied are set out in detail in the following passage from the
judgment of the circuit judge:

“On the 3rd October, 1961, P.W.1, who lives in the same room with
P.W.2 went to bed at about 9 p.m. While the inhabitants were asleep they heard
reports from guns in the streets. P.W.1 came out of his room into his yard and
attempted to open the gate when he realised it had been locked from outside.
While in the yard P.W.1 asked P.W.2 to come out. P.W.1 later heard a bang on
the door of the empty store leading into the yard. Many people came into the
yard and one flashed a torchlight on P.W.1’s face. P.W.1 later realised it was
No.1 accused and asked why he was doing that. No.1 accused hit P.W.1 with the
butt of a gun and P.W.1 fell down. While on the ground P.W.1 saw No.2 accused
and No. 3 accused pass him towards his room. At this time the moon was up. The
first and second accused pushed P.W.2 into the room and in her presence removed
her boxes and pan. The first accused also went into the room and came out with
a bundle of cloths. The defendants then left the house . . .

P.W.4, who was inside P.W.3’s room, heard people talking behind
the window. Later the window was forced open and people entered the room
through the window. P.W.4 raised an alarm but was hushed up. The people removed
the articles enumerated in count 4. They asked P.W.4 to show them where P.W.3
had kept his money in the course of which P.W.4 recognised the voice of No.1
accused who was with the people. The latter entered another room in the house
and collected some money (£G400) belonging to P.W.3. P.W.6, who was in charge
of P.W.5’s room, was in the room when some people forced the door open and
entered. They put off the light in the room and removed the articles enumerated
in count 5. Before leaving they poured a barrel full of water into the room.
P.W.7’s door was also forced open and he saw some people enter. P.W.7
recognised No. 1 and No. 3 accused among eight people who entered the room.
P.W.7 asked why they entered the room and one of them fired a gun which went
past P.W.7’s buttock. P.W.7 fell to the ground. P.W.7 was sent to hospital at
that very time but no serious injury was found on him.

In their cautioned statements the first and second appellants each
said that at the material time he was at another village called Abofuor where
he spent the night. Each gave particulars of the places where he was, and of
person or persons with whom he slept at that village. Each of the two
appellants filed a notice of alibi in accordance with section 131 of the
Criminal Procedure Code, 1960,1 and evidence was called in support of the alibi
in each case. The third appellant also made a statement on caution as follows:

At the trial, this appellant called his uncle, Kofi Kuma, who
testified that the third appellant slept in his house at the material time;
that as he was going to the house of P.W.1 after the alarm, he stopped and
called the third appellant who was then asleep in a locked room; that he went
with third appellant to the house of the two complainants (P.W.1 and P.W.2);
that P.W.1 sent the third appellant to report the theft to his (P.W.1’s)
mother. This last piece of evidence about the sending of the third appellant to
the house of P.W.1’s mother was admitted by P.W.1 and P.W.2.