Court name
High Court of Uganda
Case number
Criminal Session Case-1988/77
Judgment date
8 November 1990

Uganda v Kamugisha Evaristo (Criminal Session Case-1988/77) [1990] UGHC 13 (08 November 1990);

Cite this case
[1990] UGHC 13

 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT FORT PORTAL
CRIMINAL SESSION CASE NO.77 OF 1988

UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PROSECUTOR

VERSUS

KAMUGISHA EVARISTO:::::::::::::::::::::::::::::::::::::::::::::::::::::::ACCUSED
 
BFORE: THE HONOURABLE MR. JUSTICE I. MUKANZA

JUDGMENT
The accused in this case called Evaristo Kamugisha. He together with another person still at large was indicted of murder contrary to section 183 of the Penal Code. The particular being that on the 20th day of January, 1986 at Kyaburyazibwe village the accused together with another person murdered one Tawansi Rwemera. The accused pleaded not guilt to the indictment.
The prosecution in its endeavour to establish its case called in aid the evidence of three witnesses who testified here in court namely PW3, PW4 and PW5. The evidence of PW1 and PW2 was admitted at the preliminary hearing under section 64 of the Trial on Indictment decree, Decree 26 of 1971.
According to the prosecution it was around 4.00 pm after a day’s work in the garden PW3 decided to go and rest a bit in her room. Her son Nzaabo and the accused were in former’s house which was within the same compound with that of PW3. The deceased was a porter and used to work for PW3 and her husband who was not at home at the material time. According to PW3, she had already paid for the labour provided by the deceased. She had given him some money but she did not tell the court how much. What was however certain was that payment had been made about a month prior to the incident. The crux of the matter was that as she was on her way to the bedroom to go and have a siesta she was followed by the deceased on reaching her bedroom the deceased got hold of her and threw her on the bed. The deceased also climbed the bed. As if that was not enough the deceased tried to undress her. PW3 did not wait for the deceased to succeed in his endeavour to rape her. PW3 raised an alarm which was answered by the accused and her son called Nzanabo. The two started assaulting the deceased and they also dragged the latter and she pleaded with tem to stop assaulting the deceased but they could not respond. She therefore made an alarm so that people could come and rescue the deceased. She left those people assaulting deceased and reported to PW4. On her return she found the deceased dead still in her house. The accused was under arrest whereas her son Nzaabo had disappeared. She was positive that when she left to go and report the incident she left only the accused and Nzaabo at the scene.
Later PW3 together with the accused person were led to Kihura Gombolola headquarters as suspects and then they were taken to Kyenjojo police station and finally ended up at Fort Portal Police station where he was released. She did not look at the body to observe any injuries on the same.
 PW4 heard the alarm to the effect that the accused and Nzaabo had killed a person. He went to answer the alarm. He found the accused and Nzaabo on the way. They were coming from the direction of the alarm. He arrested both the accused end Nzaabo but the latter escaped. On reaching