APPIANING vs. THE REPUBLIC [1971]DLCA2197

Date	1971-01-27
Suit No.
Citation No.	[1971]DLCA2197

SOWAH JA

ANIN JA

ARCHER J.A.

KWAKU BOATENG FOR THE APPELLANT.

MRS. J. A. AMANKWA SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1971]DLCA2197
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													<main id="main" class="content" style="min-height: 60rem" >APPIANING<o:p></o:p>&nbsp;vs.<o:p></o:p>&nbsp;THE REPUBLIC<o:p></o:p>&nbsp;[COURT OF APPEAL]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1972] 1 GLR 123<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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DATE:
27 JANUARY 1971.<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;
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KWAKU BOATENG FOR THE APPELLANT.<o:p></o:p>

MRS. J. A. AMANKWA, SENIOR 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;
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SOWAH, ANIN AND ARCHER JJ.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ANIN J.A.<o:p></o:p>Anin J.A.
delivered the judgment of the court. On 26 June 1970 we allowed this appeal
from a conviction for murder by the Accra High Court dated 5 February 1969; and
substituted for the mandatory death sentence, a conviction for manslaughter and
sentence to a term of ten years’ imprisonment with hard labour. We now give our
reasons for our judgment.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant herein stood trial on indictment charged with the offence of murder,
contrary to section 46 of the Criminal Code, 1960 (Act 29). The particulars of
offence were that he murdered No. 8767E/CPL Chin-Lowu Losso (corporal Losso,
for short) on 25 January 1967 at Asikasu near Adeiso. The case for the
prosecution was that on the day in question corporal Losso travelled to Asikasu
to effect the arrest of the appellant, against whom a complaint of assault had
been lodged at the Adeiso Police Station by one Felicia Ayorkor Annan, the
first prosecution witness.<o:p></o:p><o:p>&nbsp;</o:p>According
to the prosecution, when the first prosecution witness and corporal Losso
arrived at Asikasu, they saw the appellant in the street near a carpenter’s
shop. Corporal Losso then told the appellant to follow him to the police
station. The appellant, however, asked corporal Losso to permit him to go home
in order to get dressed up. When they got to the appellant’s house, he made
straight for his room and shut the door, leaving the first prosecution witness
and corporal Losso standing behind the door. The first prosecution witness and
corporal Losso made fruitless attempts to persuade the appellant to open the
door by knocking at the door. When the appellant failed to open the door,
corporal Losso sent the first prosecution witness to go back to the police station
and ask for more hands. During the first prosecution witness’s temporary
absence, the appellant opened the door and corporal Losso entered the room. A
struggle then ensued between the appellant and corporal Losso as a result of
which the latter received an injury on the forehead and was seen by prosecution
witnesses to be bleeding profusely. The struggle continued outside the room,
i.e. into the yard of the house; and the appellant was seen holding a hammer in
his hands, which was later taken away from him by one of the prosecution
witnesses. With the aid of this witness, the appellant was overpowered and
taken to Adeiso Police Station. Corporal Losso and the said witness, who were
both injured, were later sent to Nsawam Hospital for treatment; but corporal
Losso died of his skull injuries four days later.<o:p></o:p><o:p>&nbsp;</o:p>The
medical officer, the ninth prosecution witness, who performed the postmortem
examination on the deceased corporal Losso, testified that his death was the
result of a subdural heamatoma caused by a fracture of the skull on the
forehead. In his opinion, the rounded part of a hammer could have caused the
circumscribed fracture he observed on the skull of the deceased.<o:p></o:p><o:p>&nbsp;</o:p>In his
sworn testimony, the appellant recounted his involvement in a quarrel with the
complainant, the first prosecution witness, at his place of work and how he had
had to return home. He then took some alcohol, and reported the incident to
members of her family .He returned home and was resting in the first of his two
adjoining rooms when he heard persistent knocks at his door. The door was
forced open by two men holding truncheons and they rushed inside, as he still
rested in his camp-bed. He noticed the complainant, the first prosecution
witness, standing at the entrance to his room. One of the two men who rushed
inside his room ordered him to accompany them to the police station. He refused
to ac</main>