Court name
High Court of Uganda
Judgment date
8 February 1994

Uganda v No2418 PC Mugenyi (Criminal Case-1993/173) [1994] UGHC 17 (08 February 1994);

Cite this case
[1994] UGHC 17
Short summary:

Criminal law

 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGAND AT JINJA
CRIMINAL SESSION CASE NO. 173 OF 1993

UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTION

VERSUS

NO. 2418 P.C. MUGENYI ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::ACCUSED
BEFORE: THE HON. MR. JUSTICE C.M. KATO

JUDGMENT

The accused person No241C Police constable Alex Mugenyi, whom I hereinafter refer to as the accused is indicted for murder of one Mujumbi John contrary to the provisions of section 183 of the Penal Code Act. The particulars of the indictment allege that on 3/12/92 the accused murdered John Mujumbi at Kidera police post in the District of Kamuli.
The accused pleaded not guilty to the indictment.
It is the law that once an accused person pleads not guilty to the charge it becomes the duty of the prosecution to prove beyond reasonable doubt each and every ingredient of the offence with which the accused stands charged. In a murder case like the one now under consideration the duty is placed upon prosecution to prove beyond reasonable doubt, inter alia, that a human being was unlawfully killed, that the killing was with malice
aforethought and that the accused person participated in That killing (See section 183 of the Penal Code Act).
 
It is not in dispute that; a man by the name of John Mujumbi is dead. All the witnesses called by prosecution and the accused himself are in full agreement that Mujumbi died on the morning of 3/12/92, What this court must decided is whether or not