THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT MUKONO
HCT- 03 – CR – SC – 0012 – 2010; CRB 643/2008 MKN

UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTION

VERSUS

ASP AURIEN JAMES PETER:::::::::::::::::::::::::::::::::::::::::::: ACCUSED
Criminal law – murder – ingredients of murder – conduct of accused person immediately
after the commission of the offence of running away and later handing himself over to
police.
Evidence – contradictions and inconsistencies in the evidence of the prosecution –
whether to grave to render the evidence to be rejected.
Evidence – circumstantial evidence – whether court can convict basing on the
circumstantial evidence of the prosecution.
Evidence – burden and standard of proof – on whom the does the burden of proof lie in
criminal offences – whether that burden ever shifts.
The accused, who was the District Police Commander at Lugazi, was indicted with the
murder of his wife. Her was convicted and sentenced to death.

JUDGMENT

BEFORE: HON. JUSTICE LAWRENCE GIDUDU
The accused and the deceased were living together as husband and wife in the Police
Barracks at Lugazi where the accused was the District Police Commander.
On 19th April, 2008 at about midnight, the deceased suffered a gunshot wound from
which she died moments after. The accused was eventually indicted with her murder C/s
188 and 189 PCA. He denied the offence. The Prosecution adduced evidence from 16
witnesses the gist of whose evidence was that on that fateful night, the accused had
quarreled with the deceased. The deceased for reasons not clear picked the accused's
pistol and took it to her bedroom which she shared with her young daughter. Though
husband and wife, the accused and deceased slept in separate rooms. When the accused

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