GRUMAH vs. THE STATE [1965]DLSC1808

Date	1965-11-12
Suit No.
Citation No.	[1965]DLSC1808

OLLENNU JSC

BRUCE-LYLE JSC

SIRIBOE J.S.C.

M. A. METTLE FOR THE APPELLANT.

S. M. BOISON PRINCIPAL STATE ATTORNEY FOR THE RESPONDENT.

[1965]DLSC1808
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >GRUMAH<o:p></o:p>&nbsp;vs.<o:p></o:p>&nbsp;THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 640<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:
12 NOVEMBER 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">

M. A. METTLE FOR THE APPELLANT.<o:p></o:p>

S. M. BOISON, PRINCIPAL STATE ATTORNEY, 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">

OLLENNU, BRUCE-LYLE AND SIRIBOE JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF BRUCE-LYLE J.S.C.<o:p></o:p>This is
an appeal against a conviction for murder at the Criminal Session held at Accra
and dated 17 September 1964. The case for the prosecution is that the
appellant, Seidu Grumah, lived at Oworobong No. 2 in the Kwahu area with the
deceased and three other Grumahs and all of them worked there as farm
labourers; they earned together a total amount of £G70 which they gave to the
appellant on 23 November 1962, for safekeeping and to be returned to them when
they were about to return to their hometown Fadon outside Ghana. The following
day they approached the appellant for the return of the money but the appellant
told them that he had given it to another person for safekeeping and that he
would like to go with the deceased to collect same. On 25 November 1962, at
5.30 a.m. the appellant and the deceased set out to go and collect the money
from this other man who, according to the appellant, lived in another village.
It was agreed that if they did not see this man he would proceed to Accra with
the deceased to borrow the money. On 29 November 1962, the appellant alone
returned to Oworobong No. 2 and when he was questioned by Amadu Grumah, the
second prosecution witness, and one other, the appellant answered that he had
given the money to the deceased who had gone with it to buy fish and corn to
sell at Kumasi and that from Kumasi, the deceased would proceed to his hometown
to buy goats and sheep and would return to Kumasi. When they were with the
appellant, the second prosecution witness noticed that he had injuries on his
mouth and on the forefinger of the left hand. The second prosecution witness
also recognised a torchlight with the appellant which the deceased had taken
with him when he set out with the appellant. The second prosecution witness was
not satisfied with the appellant’s explanation as to the whereabouts of the
deceased and reported the matter to the appellant’s landlord and the matter was
subsequently reported to the police. When the police arrived at the village,
the appellant was nowhere to be found; his room was searched and a shirt was
found which the second prosecution witness identified as a shirt belonging to
the deceased which the deceased had in a bag which he took with him when he set
out with the appellant.<o:p></o:p><o:p>&nbsp;</o:p>In the
morning of 29 November 1962, the day on which the appellant returned to his
village without the deceased, one Opanin Kwadjo Anim, the Odikro of Apesika,
the third prosecution witness set out to go to his farm and on reaching the
Ohema-Abuow junction he saw a pool of fresh blood in the middle of a path; he
examined the blood and thought someone had killed his sheep he had on his farm
and so proceeded to his farm. On his return from the farm at about 5.30 p.m.,
he noticed that the bush near the pool of blood appeared disturbed and he
therefore looked into the bush and there saw a decapitated body. The third
prosecution witness then returned to his village Apesika and reported the
matter to his elders and caused gong-gong to be beaten asking the inhabitants
of the village to report of any missing person and he then reported the matter
to the Mpraeso police. The police went to the scene and took away the body and
a piece of torn shirt lying near it.<o:p></o:p><o:p>&nbsp;</o:p>On 7
December 1962, the appellant was found in the bush by a search-party and was
taken to the police station where he volunteered a statement on caution. On the
strength of his statement, the police and some of the inhabitants of Apesika
and the second prosecution witness, Amadu Grumah, conducted a search in the
bush where a skull was found and near the skull were a pair of white shorts, a
torn piece of a shirt and a face towel. These articles were identified by the
second prosecution witness as belonging to the deceased and as the articles he
took with him when he set out with the appellant on the fateful day. At Atibie
Hospital the second prosecution witness identified the skull as that of the
deceased.<o:p></o:p><o:p>&nbsp;</o:p>When the
case was under investigation, the appellant made two statements on caution,
dated 8 and 9 December 1962, respectively (exhibits G and J). In the first
statement, exhibit G, the appellant admitted having left the village with the
deceased and said that in the night and in the bush near the Apesika-Ohema
roads junction, they were attacked by certain men and that he sustained injuries
during the attack but managed to run away and hid himself in the bush; that he
was in the bush for some time and when he realised that the men had gone away
he came out of the bush and saw the body of the deceased without the head; he
did not see the head and he then left and proceeded to the village. He admitted
in the statement that when he was questioned in their village as to the
whereabouts of the deceased he said that the deceased had gone to Kumasi to buy
corn with the £G70. In his second statement, exhibit J, he admitted having
killed the deceased and said that he did not know what made him do it and, to
use his own words, “Satan came and started to do his work.” As to the inj</main>