evidence. The medical report corroborates the evidence of
beating.
Accused's defence is a shan and is rejected
outright. There is evidence that the marriage between the
deceased and accused was
fights.
It appears this was one of those nasty occasions
when accused would descend on deceased and administer
beatings on him. For this reason am of the humble view
that she did not mean to kill deceased. She was beating him
as he used to do before. Malice aforethought therefore has
10
not been proved. I found accused guilty of manslaughter
contrary to section 187 of the Penal Code Act Revised
Edition 2000 and convict her of manslaughter." (sic)
This being a first appellate court, we have a duty to subject all the
evidence on record to a thorough review and scrutiny and make
our own conclusions
in mind that
did not
the
witnesses testify. See R. 30 (l)(a) of the Judicature (Court of
Appeal Rules) Directions s. 1. 13 - 10, See also Kifamunte
Henry Vs. Uganda SCCA No. 10of1997, Pandya V R. 1957
20
EA 336 and Okeno V Rep [1972] EA 32. We now proceed to
review and scrutinize that evidence.
5
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