Yiga (1979) HCB 217 and Uganda Versus Abdalla Nasur (1982) HCB 1 followed. My task now is to consider those aspects of circumstantial evidence adduced by the Prosecution and evaluate it against the defence case and draw the necessary conclusions. There were only two people at the scene of this act and one of them died. The one who survived is the accused and denies being a participant. The first person to reach the scene was Akello Hellen Ruth (PW8) the sister to the deceased. The relevant part of her evidence is this:"We retired to bed at about 9.00 pm. Accused returned, knocked and I opened for him and returned to my room. Then I heard accused say Grace bring my pistol. This was about 5 minutes after he returned. Grace was saying - you kill me I am here. They then moved into the corridor between the kitchen and bathroom. I could hear their movements. The accused was demanding for his pistol but Grace was replying "you kill me I am here" then I heard a sound and thought a bulb had bust. I rushed out and saw Grace lying down and the accused said "I have killed" she was lying facing up. I saw blood coming from her left eye. Accused also said "my child will grow with milk" (sic)" The Prosecution contends that the events and utterances which PW8 testified to puts the accused in a position of the killer and not a witness to the suicide as defence argued. There is no doubt that the accused had taken the accused's pistol. Was she keeping it away for fear of the accused using it given the quarrel they had just had or was it for shooting the accused or did she want to commit suicide only in the presence of the accused? According to the evidence of PW8, when the accused demanded for his pistol, the deceased came out saying here I am kill me. She repeated this statement as they moved out into the corridor and then a shot was fired and when PW8 came out of her room, the accused says I have killed and my child will grow on milk which means by taking milk maybe from a cow or supermarket. Why would the accused say I have killed and the child will grow by taking milk? In his defence the accused stated that when he went to ask the deceased for his pistol, she said "you are lucky you were going to find me dead." She picked the pistol, pointed at him. He turned to move away expecting a shot and when none came out he turned to look at the deceased only to see her point it at herself and he sl:1outed "don't, don't, don't" but she shot herself all the same. He got shocked, confused and picked up the pistol as PW8 came out of her room. He then told her the deceased had shot herself accidentally.