STATE vs. BISA [1965]DLHC1855

Date	1965-05-20
Suit No.
Citation No.	[1965]DLHC1855

SOWAH J.

F. E. CREPPY STATE ATTORNEY FOR THE STATE.

B. J. DA ROCHA FOR THE RESPONDENT.

[1965]DLHC1855
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													<main id="main" class="content" style="min-height: 60rem" >STATE <o:p></o:p>vs. <o:p></o:p>BISA <o:p></o:p>[HIGH COURT, HO]<o:p></o:p>[1965] GLR 389<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
20 MAY 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

F. E. CREPPY, STATE ATTORNEY, FOR THE STATE.<o:p></o:p>

B. J. DA ROCHA FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

SOWAH J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF SOWAH J.<o:p></o:p>The
defendant-respondent, Nana Bisa, was charged with the capital offence of murder
contrary to section 46 of our Criminal Code, 1960,1 and was arraigned for
committal before N. A. Tham, Esquire, district magistrate to stand trial at the
Criminal Sessions at Ho. After counsel for the State had furnished the court
and the accused with copies of the bill of indictment and the summary of
evidence and had addressed the court as to the nature of the case against the
accused, counsel for the accused, Mr. da Rocha, in his reply submitted that
there was no case made against the accused and that in conformity with section
184 (5) of the Criminal Procedure Code, 1960,2 the accused should be
discharged. His submission was accepted by the learned magistrate and the accused
was accordingly discharged. The State has appealed against the ruling and the
discharge of the accused.<o:p></o:p><o:p>&nbsp;</o:p>I propose
to discuss the meaning and import of subsections (4) and (5) of section 184 of
the Criminal Procedure Code, 1960, but before doing so I consider it expedient
to give a brief resume of the facts of the case as presented to the learned
magistrate.<o:p></o:p><o:p>&nbsp;</o:p>On 28
January 1963 the Supreme Court, on the application of the respondent accused,
Nana Bisa, made an order appointing Mr. Jeffrey, the High Court registrar, a
receiver and manager of a piece of land in dispute, which land contained cocoa
farms. The registrar then appointed as his agent one Winfred Kwamla Kwadade to
manage and receive the proceeds from the farms in dispute. In passing I may
mention that the action was between Nana Kwaku Gyampo III and the respondent
Nana Bisa, and that Nana Bisa had lost the action in the High Court and had
appealed to the Supreme Court.<o:p></o:p><o:p>&nbsp;</o:p>After
Winfred Kwamla Kwadada had discussed his duties with the parties he proceeded
on 13 October 1963 to Ativi cottage in the Asuokorkor area. He was there with
his men including one Emmanuel Kodjo Agbobli (the deceased) when Nana Bisa
arrived at the cottage. Nana Bisa had an argument with the agent of the
receiver and manager concerning his duties, pointing out that the farm in which
he then was, was not included in the area concerning which the Supreme Court
made the order. The agent disagreed with him and Nana Bisa left. Shortly
afterwards he returned in a more aggressive mood and ordered the agent to stop
collecting cocoa beans from his tenants. There was an argument again. Thereupon
he threatened the agent with dire consequences should he continue to collect
the beans from his tenants and he, Nana Bisa then retired.<o:p></o:p><o:p>&nbsp;</o:p>Again he
returned to the cottage and there was a third round of argument. According to
the summary of evidence, he then raised a cutlass he held in his hand and as he
did so a gun was shot from a place. No one was able to say where, but it
appears as a result thereof pandemonium broke out and every one started running
away.<o:p></o:p><o:p>&nbsp;</o:p>According
to one of the witnesses, Kwasi Achampong, when he heard the report of a gun he
started to run and found himself running in the same direction as the deceased
and one Clemence Kwabla Onima. According to the summary this witness will say:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“That in
the course of running he was in the middle, Agbobli (deceased) was on his right
and Onima was on his left. That whilst they were running in that formation, the
accused came out from a corner of the farm on the right hand side with a
single-barrelled gun in his hand and almost immediately shot at Agbobli.”<o:p></o:p>