THE REPUBLIC (RESPONDENT) vs. YAW DANQUAH @ YAW YEBOAH, YAW KONADU @ LEWEE, KWABENA FIDELIS AND AGYENIM BOATENG (APPELLANTS) [2019]DLCA7820

THE REPUBLIC (RESPONDENT) vs. YAW DANQUAH @ YAW YEBOAH, YAW KONADU @ LEWEE, KWAB... [2019]DLCA7820

Date	2019-07-30
Suit No.	CRIMINAL APPEAL SUIT NO: H2/05/19
Citation No.	[2019]DLCA7820

M. OWUSU JA (PRESIDING)

S. DZAMEFE JA

M. WELBOURNE JA

[2019]DLCA7820
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p><span lang="EN-GB" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>YAW DANQUAH @
YAW YEBOAH, YAW KONADU @ LEWEE, KWABENA FIDELIS AND AGYENIM BOATENG<o:p></o:p>(APPELLANTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT
OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CRIMINAL
APPEAL SUIT NO: H2/05/19&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; DATE: 30TH
JULY, 2019<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:0cm 0cm 1.0pt 0cm">

M.
OWUSU JA (PRESIDING), S. DZAMEFE JA, M. WELBOURNE JA<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>DZAMEFE, JA<o:p></o:p>The
appellant, Agyenim Boateng was charged with two counts of conspiracy to commit
crime contrary to Section 23(1) and 46 of the Criminal Offences Act, 1960, (Act
29) and murder, contrary to Section 46 of the Criminal Offences Act, 1960 (Act
29).<o:p></o:p><o:p>&nbsp;</o:p>FACTS<o:p></o:p>The
deceased in this case, Kofi Yeboah who was then 53 years was a farmer and an
akpeteshie distiller living in a cottage on his farm at a village called
“Mewurenfiriwo” in the Dormaa Ahenkro Municipality.<o:p></o:p><o:p>&nbsp;</o:p>The
1st accused Yaw Danquah was the labourer for the deceased and was
staying in the cottage of the deceased.&nbsp;
On the 8th of June 2013 the deceased’s wife, one Afia Peprah
came to the cottage from Dormaa Ahenkro to assist her husband work on the farm
that day.&nbsp; When she got to the cottage,
she could not find her deceased husband and labourer (A1) and realized that the
compound also looked deserted as if people have not stayed there for some days.&nbsp; She went round looking for the husband and 1st
accused and asked around from the other cottages, but she was told that for
about two days they had not set eyes on the deceased, but seen 1st
accused on the 5th and 6th of June 2013 using the deceased’s
new motor bike. The wife reported the incident to the deceased’s brother and
upon their search they came across the 1st accused.<o:p></o:p><o:p>&nbsp;</o:p>The
1st accused told them the deceased had travelled to Camp 15, Sefwi
area in the Western Region, with a certain man to buy some palm trees and
claimed the deceased went with his motor bike.&nbsp;
They became suspicious of the 1st accused, so they forced and
took him to the police station and lodged a complaint against him of the disappearance
of the deceased.&nbsp; A search was conducted
on the 1st accused in his room in the cottage, and the ignition key
of the motor bike was found in a bag in his room.&nbsp; He confessed that the motor bike was with him
and someone he owed money saw him using it and seized it. The police became
more suspicious and started interrogating him about the whereabouts of the deceased.&nbsp; My Lord, the 1st accused in his
statement to the police told the police that it was the 4th accused
and two (2) others he does not know who came to their cottage in the evening in
a taxi, bundled the deceased and carried him away in the taxi to an unknown
place and have not seen the deceased ever since.&nbsp; Based on this information the 4th
accused was arrested.&nbsp; He denied
knowledge of what was said about him.&nbsp; A
search party was organized to look for the deceased.&nbsp; A search party found a disturbed area about
15 meters away from the deceased’s cottage and suspected it to be a dug
grave.&nbsp; The 1st accused was
asked about this and then he confessed that the 4th accused promised
to give him an amount of Gh¢5,000.00 to kill the deceased and gave him an
initial deposited of Gh¢2,000.00 and then A2 and A3 assisted him in killing the
deceased in his room and he carried and buried him at that disturbed area.&nbsp; On the 11th June 2013, he led the
police to that dug grave which was then covered with dried leaves.&nbsp; On 12th June 2013, based on
examination, the body was exhumed and was identified as the body of the
deceased and a postmortem examination was carried out on the body at the
examination site, the cause of death being severe head injury and blunt force
trauma to the head.&nbsp; The 1st
accused in a further statement to the police claimed that it was A2 and A3 who
advised him to kill the deceased when he had conversation with them and told
them that his master had a lot of money in his room and they assisted him in killing
the deceased to take the money and share amount themselves; and that they
killed the deceased by hitting his dead with a pestle and when he was found
dead tied his head with his bedsheet and went and buried him in that dug grave.&nbsp; Based on these substantial evidence and statements
of the 1st accused person the other accused were arrested, and
studying of the docket of the police by the Attorney General’s Department, the
accused have been charged with the various offences for which they are standing
trial.<o:p></o:p><o:p>&nbsp;</o:p>