returned in the night, he was informed the deceased had picked his pistol.
The accused went to the deceased's bedroom and called her out to give him his pistol. The
deceased opened her bedroom saying "you kill me I am here". They moved into the corridor
and shortly a gunshot was fired. The deceased lay in a pool of blood. The accused took her to
Kawolo Hospital but on realizing she was dead, he drove back and abandoned the body a few
meters from Lugazi Police Station and went into hiding.
A week later, the accused handed himself into the Police at Kibuli CID Headquarters. He was
detained and eventually charged.
The accused in his defence denied shooting the deceased. On the contrary, he saw the
deceased shoot herself when he called her to return his pistol.
When told that his pistol was with the deceased, he went to her room and when he asked her
to give it to him, the deceased opened the door, pointed a pistol at him and when he moved
away, he looked back to see her point it at herself and he shouted at her to stop it but the
deceased went ahead and shot herself dead.
The accused believes the deceased was agitated with guilt of her promiscuity which the
accused had got information about. Once he realized she was dead, he left the body on the
way to Lugazi Police Station and flashed lights of his car to alert the Police at the station
about a disaster. He feared to be delayed by the Police to fill forms and record a statement
because he wanted to rush to his village to assemble cows to pay a fine and dowry to the
deceased's relatives who would become wild and destructive to life and property if they learnt
of the death of their daughter.
Once the accused denies the offence with which he is charged, the Prosecution assumes the
burden of proof of all the essential ingredients beyond reasonable doubt. Woomington
Versus DPP (1935) and Sekitoleko Versus Uganda (1967) EA 531 followed. On a charge of
murder, the Prosecution has to prove the following essential ingredients;
(i)
(ii)
(iii)
(iv)
That the death of a human being occurred.
That the death was caused unlawfully.
That death was caused with malice aforethought.
That the accused participated in the crime.
On the first ingredient, it is without dispute that Apolot Christine alias Grace is dead and her
body was buried in Bukedea on 21st April, 2008. Her body was picked by the roadside, taken
to Kawolo Hospital mortuary were a postmortem confirmed she had died of a gunshot wound
fired through her left eye.
Dr. Bacwa Kepher (PW11) attributed her death to brain death and severe heamorrhage. I
must observe that Dr. Bachwa was a very lousy witness who though is a graduate of medicine
could not explain how the penetration of a bullet through the eye and brain causes death. He
appeared crafty and even stated that he felt the projectile one centimeter in the body and
never looked at any other part of the deceased's body except the face. He was as irresponsible
during the examination of the body as he was useless to the Prosecution. He could not explain
how the projectile led to brain death or why he could not examine the entire body even by
observation. The fact of death was proved by all the eye witnesses like the OIC CID Mr.
Mugarura (PW14), the deceased's sister called Akello (PW8), her two sisters Asekenye