KONKOMBA V. THE STATE

OLLENNU J.S.C.

This is an appeal against the conviction of the appellant for murder by the High Court, Tamale. The unfortunate incident resulted from an altercation between the first prosecution witness and the appellant over the third prosecution witness, wife of the first prosecution witness, who some time before her marriage to the first prosecution witness (two months prior to the incident) had been a girl-friend of the appellant. The scene of the incident was the market at a village called Goa, and the day was a market day; a woman, the third prosecution witness, was in the market selling pito. The case for the prosecution is that the appellant went to the third prosecution witness in the market and requested her to sell him some pito but the third prosecution witness refused. The appellant was persisting in his request as the first prosecution witness arrived at the spot. The first prosecution witness had on a previous occasion been told by the third prosecution witness that the …