KONKOMBA vs. THE STATE [1965]DLSC1819

Date	1965-12-13
Suit No.
Citation No.	[1965]DLSC1819

OLLENNU JSC

AKAINYAH JSC

LASSEY J.S.C.

YAW ASARE FOR THE APPELLANT.

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

[1965]DLSC1819
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													<main id="main" class="content" style="min-height: 60rem" >KONKOMBA<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 698<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:
13 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">

YAW ASARE 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, AKAINYAH AND LASSEY JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AKAINYAH J.S.C.<o:p></o:p>Akainyah
J.S.C. delivered the judgment of the court. The appellant was convicted at the
High Court, Tamale, on 19 March 1964, for the murder of Yentsum Konkomba and
sentenced to death. Against his conviction the appellant has appealed to this
court upon a number of grounds including 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">“(4) The
learned trial judge admitted inadmissible evidence which influenced the jury’s
mind and thereby caused a miscarriage of justice. <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">(5) The
prosecution failed to produce material evidence.<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">(6) The
prosecution failed to prove that cause of death was attributed to any acts of
the appellant.”<o:p></o:p><o:p>&nbsp;</o:p>The facts
of the case given by the witnesses for the prosecution are rather conflicting
therefore we have reproduced in extenso the evidence of the material witnesses.
The first prosecution witness, Koya Konkomba, testified as follows:<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">“On 20
December 1963 I was in the market at Wulesi selling pito. I knew Yentsum
Konkomba. He was my brother. I saw him that day at Wulesi market. He is now
dead. He came and bought 6d. worth of pito from me. After giving him the pito,
one Jakpo held my hand. When Yentsum finished drinking his pito he was going to
pay me 6d. but Jakpo prevented me from going to take the 6d. My brother said
why, allow her to come for the money. Jakpo became annoyed and started abusing
my brother. The accused came in all of a sudden, he held a stick and he hit the
deceased on the right side of the head. I was standing behind the pot of pito.
They were standing behind me about six yards away. I don’t know from which
direction the accused came. Jakpo was on my left hand side and the other person
on the right. The accused was by the right side of Yentsum. Yentsum fell down
when he was hit. He did not get up until one Jagri came and carried him to his
house. There were so many people there. The people started fighting among
themselves. The stick has got two mouths and is a bit long, about two feet long
and about the thickness of my wrist. I did not see Yentsum again.”<o:p></o:p><o:p>&nbsp;</o:p>Cross-examination
by Mr. Amoatin:<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">“My
mother brews pito and I sell it. The incident happened in the afternoon. I was
not the only pito seller in the market. There were many young men at the
market. Most of them were drunk. I belong to the Charbe tribe. I know the
Sanguli tribe. There was no fight between the Charbe tribe and the sanguli
tribe before this incident. I wouldn’t know if there was a fight elsewhere. I
cannot tell whether Jakpo was drunk. He bought pito from others. Yentsum was
not drunk. He bought pito from others and bought 6d. from me. That was not my
first time of selling pito at the market. At times there is a fight. This is so
when they are going after girls. Jakpo belongs to the Sanguli tribe. The
accused belongs to the Pali tribe. You can marry from any tribe. I don’t know
Madja Konkomba. I cannot tell whether the accused was friendly to Yentsum. The
accused stayed among Charbe people.”<o:p></o:p>Re-examined:<o:p></o:p>“If there
was a fight near where I was I could see.”<o:p></o:p>Foreman
of the jury:<o:p></o:p>