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now deceased. The accused alleged that the deceased who is his relation
had an amorous affair with his wife. After the fight the deceased
complained of general body malaise and was taken to the Fajikunda health
centre for medical attention. Although the deceased had initially reported
the assault on him to the Police station at Wellingara on the same day of
the assault, he only made a statement to the police the following day the
26/12/2009. This Statement which is in evidence as exhibit “C” states that
the accused beat the deceased on his penis with an iron bar. Upon this
complaint, the accused was invited whereupon he volunteered a
cautionary and two voluntary statements. These statements which are all
dated the 26th of December 2009 are in evidence as exhibits “D”, “E” and
“F” respectively. The deceased was admitted in hospital where he was
operated upon. Unfortunately the deceased died on the 15/01/2010. The
death certificate confirming this fact is in evidence as exhibit “A”. A postmortem was carried on the de cujus on the 18/10/2010 and the report
thereof is in evidence as exhibit “B”. Following the death of the decease, the
accused was again summoned by the police where he made one additional
cautionary and voluntary statements. These two statements are in evidence
as exhibits “H’ and “I” respectively. Exhibit “G” is the iron rod with which
the accused assaulted the deceased.
The accused person’s defense was a complete denial of the act of murder.
However, he admitted in his cautionary statement and viva vorce evidence
in Court that he had a problem with the deceased arising from an alleged
amorous relationship between the deceased and his wife. He had initially