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APETORGBOR AND OTHERS V. THE REPUBLIC

(1974) JELR 67956 (SC)

Supreme Court  •  3 Apr 1974  •  Ghana

Coram
LASSEY JA,ARCHER JA,KINGSLEY-NYINAH J.A.

Appearances
AMARFIO FOR THE FIRST APPELLANT; OFFEH FOR THE SECOND APPELLANT.,ASIAMAH FOR THE THIRD APPELLANT.,OKYERE-BOATENG FOR THE FOURTH APPELLANT.,ASAMOAH SENIOR STATE ATTORNEY FOR THE RESPONDENT.

Judgement

ARCHER J.A.: On 17 April 1969, Saviour Gawuga, a typist employed at the Anlo Secondary School at Anloga, in the Volta Region, attended a wake-keeping with some friends living in the same house at Anloga Kportorgbe. They returned home at about 11 p.m. the same day and each went to his bedroom to sleep. The next morning, Saviour Gawuga could not be found in his bedroom but there were traces of blood on the verandah leading to the bedroom.

Three days later, in the afternoon of 20 April 1969, a school teacher at Dzelukope, found a dead body at the beach. This body was later identified to be that of Saviour Gawuga. The medical evidence indicated that death had occurred within 72 hours and the body was in an advanced stage of decomposition. The medical evidence ruled out the possibility of drowning because there was no water in the lungs. There were extensive injuries on the body which in the opinion of the doctor, who performed the autopsy, must have been caused by a sharp instrument. When …

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