<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>The appellant was tried with the aid of assessors in the High Court sitting at Busia for a charge of murder contrary to <em>section 203</em> as read with <em>section 204</em> of the Penal Code. The particulars of the offence alleged that on the night of 26^th and 27^th September, 2003, the appellant murdered one <em>Eureka Abwavo</em> (deceased). The three Assessors reached a unanimous verdict that the appellant was guilty of the offence of murder. The trial Judge, <em>Sergon, J,</em> however found the appellant guilty of the lessor offence of manslaughter contrary to <em>section 205</em> of the Penal Code and sentenced him to serve six (6) years imprisonment. The appellant appeals from the decision of the superior court against both conviction and sentence.</p><p>The deceased was the last born son of <em>Naftali</em> and <em>Hellen Abwavo.</em> The couple had three other children among them <em>Nelson Abwavo (PW10) (Nelson)</em> and <em>Faith Abwavo Machoni (PW1) (Faith).</em> Naftali died in 1999 and his wife in the year 2001 leaving their four child…</p>