BEDIAKO AND OTHERS V. THE STATE

CRABBE J.S.C.

The circumstances out of which the case arose and the facts on which the prosecution relied are set out in detail in the following passage from the judgment of the circuit judge:

“On the 3rd October, 1961, P.W.1, who lives in the same room with P.W.2 went to bed at about 9 p.m. While the inhabitants were asleep they heard reports from guns in the streets. P.W.1 came out of his room into his yard and attempted to open the gate when he realised it had been locked from outside. While in the yard P.W.1 asked P.W.2 to come out. P.W.1 later heard a bang on the door of the empty store leading into the yard. Many people came into the yard and one flashed a torchlight on P.W.1’s face. P.W.1 later realised it was No.1 accused and asked why he was doing that. No.1 accused hit P.W.1 with the butt of a gun and P.W.1 fell down. While on the ground P.W.1 saw No.2 accused and No. 3 accused pass him towards his room. At this time the moon was up. The first and second accused pushed P.W.2 i…