accused person look confused. PW.4 responded to the call of PW.3, he found FIBO seated by the
side of the dead body looking down. PW.4 asked FIBO what had happened, he did not answer
but only started crying.

PW.6 WD/CPL Isimuru Jolly said she went to the scene of crime, observed evidence of a scuffle
in the accused/deceased house.
door steps.

Everything was scattered. There were drops of blood on the

She received and exhibited the knife that had been used to stab the deceased to

death.

PW. 7 D/AIP ANYAMA took a charge and caution statement from the accused person.

The

charge and caution statement was admitted as P 3 & 4.
PW.7 Robert INZIKU got the knife from the verandas grass thatch, he handed it over to the
police.
In his defence the accused stated that on the fateful evening he returned from the market at about
8.00 pm, he found the deceased drunk and asleep in bed. That she got up to go for a short call
and in the process she fell down, over the knife, and started bleeding. That he picked the knife
and put it in the roof to avoid the children getting in contact with the knife.
In the charge and caution statement he said he questioned the deceased as to why she came home
late, the deceased “got annoyed and boxed my mouth where I sustained injury and bleeding. By
then a knife was just near by me, due to that bleeding of mine, I stabbed the deceased on the
chest, she fell down unconscious. When I realized that I have stabbed her on the wrong side, I
started giving her first aid but she died”.

On the basis of the above summarized evidence the prosecution seeks a conviction of murder
under SS.188 and 189 of the penal code.
The burden of proof is upon the prosecution and the standard of proof is beyond reasonable
doubt.

The prosecution must adduce sufficient evidence to prove each ingredient of the offence

beyond reasonable doubt. The essential ingredients of the offence are as follows;a) Proof that Inzikuru Margaret is dead.
b) That Inzikuru Margaret’s death was unlawfully caused.
c) That the accused person caused or participated in causing death of Inzikuru Margaret.
d) That the accused person had malice aforethought when he caused the deceased’s death.

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