REPUBLIC V. NAGA

ABBAN J.

The accused is standing trial on a charge of murder, contrary to section 46 of the Criminal Code, 1960 (Act 29). In the particulars of offence, it has been alleged that the accused who is a police constable, murdered his wife, one Asibi Musah on 23 February 1977 at Koforidua, in the Eastern Region.

It has to be borne in mind that the burden of proof on the prosecution is heavier in murder cases and the standard of proof is also higher. My duty at this stage therefore is to decide whether or not the prosecution has been able to prove all the essential ingredients of the crime beyond reasonable doubt. There is no doubt that the prosecution was able to establish that the deceased, Asibi Musah, mentioned in the particulars of the offence is dead and that she died as a result of spinal injuries caused by a heavy impact to the region of the neck. The question then is who was responsible for the heavy impact to the neck which, according to the evidence of the doctor, brought about the…