KOKOMBA vs. THE STATE [1966]DLSC1705

Date	1966-02-21
Suit No.
Citation No.	[1966]DLSC1705

SARKODEE-ADOO C.J

BRUCE-LYLE JSC

SIRIBOE J.S.C.

HUTCHFUL FOR THE APPELLANT.

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

[1966]DLSC1705
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													<main id="main" class="content" style="min-height: 60rem" >KOKOMBA <o:p></o:p>vs. <o:p></o:p>THE STATE<o:p></o:p>[SUPREME COURT]<o:p></o:p>[1966] GLR 202<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:
21 FEBRUARY 1966.<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">

HUTCHFUL 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">

SARKODEE-ADOO C.J., 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>Bruce-Lyle
J.S.C. delivered the judgment of the court. This is an appeal against a
conviction for murder dated 12 December 1963, at the Criminal Session, Tamale.
The facts as put up by the prosecution are that the appellant who was the step-father
of the deceased lived with the deceased and the deceased’s mother Tafah
Kokomba, the first witness for the prosecution, in the same house at Kitare
village in the Northern Region. <o:p></o:p><o:p>&nbsp;</o:p>On 1
March 1963, a market day, whilst the first witness for the prosecution was in
the yard of the house she noticed that the appellant and the deceased were
fighting and that the fight started outside and continued into the yard; the
first witness for the prosecution, being alone in the house, ran out to get
someone to help her separate the fighters. On returning to the house she met
the deceased coming out of the house; the deceased showed her a fresh stabwound
at the base of his neck and told her “Mother, father has killed me.” He further
intimated to the first prosecution witness that he was going to the police
station to make a report; about 58 yards from the house, the deceased fell down
and died on the spot. The police later got to the scene and arrested the
appellant who, on being questioned, admitted having stabbed the deceased with a
knife he was then holding and that he also had tied round his waist the sheath.
The first prosecution witness deposed in her evidence that there was no trouble
between the deceased and the appellant and there was no evidence by any of the
prosecution witnesses from which motive for the act can be gleaned.<o:p></o:p><o:p>&nbsp;</o:p>When the
appellant was charged he volunteered a statement on caution in which he
admitted killing the deceased and gave as his reasons for so doing 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">“I
remember yesterday 1 March 1963 was a market day. Round about 6 p.m. I was
sitting in the house when I heard the deceased’s voice in angry tones. I asked
him with whom was he quarrelling but he grabbed me and dashed me to the ground.
I sustained abrasions on both knees as a result. I therefore ran inside my room
and took my knife. I aimed it at his chest but he dodged the blow and it
stabbed him in the neck. I did not intend to stab him in the neck.”<o:p></o:p><o:p>&nbsp;</o:p>The-post
mortem examination revealed 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">“The body
was that of an adult male of about 35 years old. It was practically smeared
with blood particularly on the left side of the body. It was clotted on the
skin surface and you can scrape it out. The blood was on the body before the
person died. There was a big gaping incised wound, very clean cut on the left
side of the neck running obliquely downwards and forwards close to the left
ear. This wound was roughly about eight inches long and had encroached on the
midline of the body. This wound was about four to five inches deep. This wound
has cut across all the big blood vessels of the neck including the thrachae and
oesophagus. The edges of this wound were evented. I could see the bones of the
neck through the wound. There were no other marks of injury on the body. The cause
of death is bleeding from these big vessels.”<o:p></o:p><o:p>&nbsp;</o:p>In his
evidence-in-chief at the trial, the appellant gave a detailed account of what
happened and said inter alia:<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 1
March 1963 I was in my house. Round about sunset Boye entered the house
shouting. I was sitting outside. When he got to me I asked him what was the
matter and whether he had fought somebody at the market. He did not reply. I
th</main>