BEHOME vs. THE REPUBLIC [1978]DLHC1133

Date	1978-12-12
Suit No.
Citation No.	[1978]DLHC1133

OSEI-HWERE J.

GYAMBRAH FOR THE APPELLANT.

FREMPONG-ARMAH SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1978]DLHC1133
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													<main id="main" class="content" style="min-height: 60rem" >BEHOME <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT, SUNYANI]<o:p></o:p>&nbsp;[1979] GLR 112<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 DECEMBER 1977<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">

GYAMBRAH 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">

OSEI-HWERE J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OSEI-HWERE<o:p></o:p>The
appellant (with five others) was arraigned before the Circuit Court, Sunyani,
on a count for conspiracy to commit crime, namely, unlawful entry contrary to
sections 23 (1) and 152 of the Criminal Code, 1960 (Act 29); on another count
for unlawful entry contrary to section 152 of Act 29; on three other counts for
causing harm contrary to section 69 of Act 29; and on one count for robbery
contrary to section 1 of the Suppression of Robbery Decree, 1972 (NRCD 11), and
section 149 of Act 29. The appellant alone was further charged on three counts
for causing unlawful damage contrary to section 172 (1) (a) of Act 29 and on a
count for threat of death contrary to section 75 of Act 29.<o:p></o:p><o:p>&nbsp;</o:p>After
what appears to be a lengthy trial the appellant was found guilty on all the
ten counts brought against him and he was sentenced to a term of five years’
imprisonment with hard labour on each of the counts charging him with
conspiracy to commit crime, unlawful entry and causing harm. He was also
sentenced to three years imprisonment with hard labour on each count for
causing damage, five years’ imprisonment with hard labour for threat of death
and life imprisonment for robbery. The particulars of the robbery charge,
specifically, were that on or about 21 February 1974 the appellant and the
other accused persons robbed one Sa Kofi of the sum of ¢50.00 in cash. The
other accused persons were acquitted and discharged on the robbery charge
although they were convicted and sentenced on the other counts for which they
stood their trial.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The facts
found at the trial by the judge, briefly stated, were that the second
prosecution witness (Abena Agyeiwaa) had been married to the appellant for many
years and both lived at their cottage in the Asukorkor area. About two years
prior to his arrest the first prosecution witness (Raymond Oba Nkrumah) came to
live with his brothers, the third and fourth prosecution witnesses, in the same
neighbourhood of Asukorkor. Following the first prosecution witness’s arrival
at the scene the appellant nursed a strong suspicion that the first prosecution
witness was having an affair with his wife, and as it indeed came to be
revealed at the trial, the first prosecution witness had engaged himself in a
sustained course of sexual intercourse with the second prosecution witness which
he had carefully recorded in his diaries.<o:p></o:p><o:p>&nbsp;</o:p>On 21
February 1974, the appellant left Asukorkor on the pretext that he was going to
spend three days at Dormaa-Ahenkro. That same night he led the other accused
persons to Asukorkor to watch the conduct of the first and second prosecution
witnesses and to apprehend them. True to his expectation, as they lay in
waiting, he saw his wife (who had obviously been lured by a false sense of
security) enter the room of the first prosecution witness. The appellant and his
group followed up into the first prosecution witness’s room and there the
appellant, principally, meted out justice “a la Behome” to both his wife and
her paramour, the details of which are rather gruesome.<o:p></o:p><o:p>&nbsp;</o:p>With a
big medicine pot he hit the head of the first prosecution witness; he caused
the hands and legs of both of them to be tied with ropes after he had stripped
them naked; with a hunting lamp he allegedly burnt the buttocks and penis of
the first prosecution witness and pierced his left eye with his finger. He then
set ablaze the wig and apparel of his wife as well as the personal belongings
of the first prosecution witness, all to the total value of ¢200.<o:p></o:p>A brother
of the first prosecution witness was drawn to the scene by the resulting
commotion and he, the third prosecution witness, was beaten up and his left
shoulder also burnt by the appellant. The hands of the third prosecution
witness were tied up an</main>