Witness Testimony

Uganda v Nabakooza Maulisio (Criminal Session Case No. 27 of 2000) ((Criminal Session Case No. 27 of 2000)) [2000] UGHC 14 (29 March 2000);


Search Summary: 

The accused was indicted for murder. The prosecution called four witnesses and the accused made an unsworn statement and called no witnesses.

The prosecution case is that while sleeping, the deceased sustained deep cuts in the hand of the accused.

The accused pleaded an alibi and the prosecution needed to prove the case beyond reasonable doubt.

The court considered whether the deceased was dead, whether the death was unlawful and whether the accused killed the deceased with malice aforethought.

Headnote and Holding: 

The court held that the prosecution didn’t dispute the ingredients but the participation of the accused. The medical evidence proved the death of the deceased; the death was unlawful unless proved otherwise which was not done, the nature of the killing proved malice aforethought.

That the evidence led by the prosecution was highly circumstantial and didn’t rule out a possibility of others having committed the offence. That the identification of the accused was not proved to have been sufficient and there was no hypothesis that exclusively to the guilt of the accused. The prosecution did not prove its case satisfactorily.


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