KLUVIA vs. THE STATE [1965]DLSC1817

Date	1965-12-06
Suit No.
Citation No.	[1965]DLSC1817

OLLENNU JSC

BRUCE-LYLE JSC

SIRIBOE J.S.C.

ANNANCY FOR THE APPELLANT.

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

[1965]DLSC1817
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													<main id="main" class="content" style="min-height: 60rem" >KLUVIA<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 715<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:
6 DECEMBER 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">

ANNANCY FOR THE APPELLANT.<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 SIRIBOE J.S.C.<o:p></o:p>Siriboe
J.S.C. delivered the judgment of the court. At the Criminal Session held in
Accra on 27 August 1964 by Archer J. sitting with a jury, the appellant was
convicted of the offence of murdering his wife, one Ami Sovor, in the bush at
Oworobong on 4 September 1963. It is against that conviction that the appellant
has appealed to this court.<o:p></o:p><o:p>&nbsp;</o:p>The facts
relied upon by the prosecution are as follows: On the eventful day in question,
the deceased, then about 28-30 weeks’ pregnant went to their farm. On the same
day, both the second and third prosecution witnesses who apparently came from
the same town as the appellant also went to their farms situated in that
neighbourhood—about 100 yards and 300 yards respectively, from that of the
appellant. Whilst working there in the morning, the second prosecution witness
heard somebody shouting “I am dying, I am dying, come to my aid.” On hearing
this the second prosecution witness in turn shouted for the third prosecution
witness who went to him and both proceeded to the direction from where the
alarm or shout was heard. On arrival there, they found the deceased lying in a
pool of blood with fresh wounds on her. When questioned by the second
prosecution witness about those wounds, the deceased whose condition at the time
was so critical and helpless, as the evidence shows, replied “It was the
husband,” referring to the appellant, who had “cut her with a cutlass.”
Thereupon the two witnesses went after the appellant whom they met in his
house, and when asked by the third prosecution witness why he had returned
home, the appellant said “he went to the farm and killed his wife and came back
home.” To a further question why he did that the appellant made no reply. He
was then taken to the Krontihene of the place by the second and third
prosecution witnesses and later the police were informed. Accompanied by the
police and the two witnesses, the appellant went to a spot near the road where
he pointed out a cutlass to them, possession of which the police took, and the
appellant was escorted to Mpraeso Police Station.<o:p></o:p><o:p>&nbsp;</o:p>The two
witnesses also led the police to the spot in the farm where the deceased was
lying. She was dead. The fourth prosecution witness, a police photographer,
then took a photograph of the deceased after which the body was removed to the
Atibie hospital for post-mortem examination. A look at the medical officer’s
evidence reveals the following:<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">“She was
pregnant about 28 to 30 weeks. There were two deep cuts on the face on the left
side from the angle of the mouth and the other just above the left
ear—partially severing the upper jaw. On the right side from the angle of the
eye there was deep cut through the eye to the front of skull exposing the
brain. A cut on the right shoulder and the right mist out. There was a cut on
the left hand across the fingers—she had grasped the instrument which touched
her. The abdomen was opened by me and I opened the uterus and removed the
foetus approximately 6 months in gestation. In my opinion the cause of death
was due to the serious cut on the right side which had exposed the brains.”<o:p></o:p><o:p>&nbsp;</o:p>He then
concluded by saying that a very sharp instrument such as the cutlass exhibited
at the trial would be sufficient to inflict the wounds described by him. In
addition to the above were the two statements made by the appellant; the first
to the police on caution in the presence of an independent witness, and the
second to the committing magistrate both of which form part of the case for the
prosecution.<o:p></o:p><o:p>&nbsp;</o:p>In the
statement to the police, the appellant spoke about their married life which he
described as very cordial, then about how he queried the deceased the previous
night for returning home late from the farm that day, and her refusal to pass
the night with him on the same bed. Then also, he told how he followed the
deceased, who had earlier taken the lead, to one of their farms carrying with
her the food she had prepared for him and continued:<o:p></o:p>