The above elements were settled in the case of UGANDA Vs BOSCO OKELLO (1992-93) HCB 68. In proof of the first element of the offence the prosecution produced evidence of PW 1 Dr. Mugaye Julius who examined the body of the deceased and made a report admitted as ‘P.I’. He medically confirmed that INZIKURU Margaret died due to severe bleeding from the stab wound on the trunk between the 6TH and 7th right ribs. PW.3, PW.4, PW.6 confirmed that they came to the scene and saw the body of Inzikuru Margaret. She was already dead. The accused person, in his statement in defence and the charge and caution statement confirmed that the said deceased died on 22nd January, 2008. I am satisfied that the fact of death of Inzikuru Margaret has been proved beyond reasonable doubt. Unless there is a proof of accident or if justification the homicide of Margaret Inzikuru is presumed unlawful. The accused person in his charge and caution statement admits that he stabbed the deceased with a knife which he picked from the house while the fight went on between the accused and the deceased. There was no suggestion that he acted in self-defence. I find his allegation that she fell on the knife while she was drunk unacceptable and an afterthought. The medical evidence of PW 2 Dr. Asea Sam corroborates the contents of the charge and caution statement. There was a fight in which the accused person get mouth injuries which bled and caused him to stab the deceased once in the ribs. PW 3 and PW 4 testified the state they found the accused person. He appeared shocked and unable to answer. He only broke down and cried. The inference is that the accused person was overwhelmed by the outcome of his action, the stabbing of his wife to death which was unlawful. The participation of the accused person is a foregone conclusion. evidence of his participation. There is overwhelming His admission in charge and caution statement squarely puts him at the scene of the crime and gives detailed evidence of how he stabbed her. P.W.3 found him squatting next to the dead body. PW 4 also found him seated next to the dead body. I agree with the Assessors that Accused’s conduct of crying and giving no explanation when asked what had happened is not consistent with a conduct of an innocent person who had seen 3