Court name
High Court of Uganda
Case number
High Court Criminal Session Case-2003/36
Judgment date
1 January 2003

Uganda v Adupa Nelson alias Opilo and Ors (High Court Criminal Session Case-2003/36) [2003] UGHC 4 (01 January 2003);

Cite this case
[2003] UGHC 4

 

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA FORT PORTAL

HOLDEN AT MASINDI
 

 
 
 
CRIMINAL HIGH COURT SESSION CASE NO. 36 OF 2003 CRB 174 OF 2001


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

 
 
 
VERSUS

A I      ADUPA NELSON – ALIAS OPILO
 AII      ADUPA FERALD – ALIAS OJEE
 
AIII     MUGARURA ALEX – ALIAS MUGABO :::::::::::::::::: ACCUSED

BEFORE: THE HON. MR. JUSTICE LAMEKA N. MUKASA
 


JUDGMENT:

The three accused persons are jointly charged with robbery with aggravation contrary to sections 285 and 286 (2) of the Penal Code Act. The particulars of the office are that Adupa Nelson alias Opilo, Adupa Gerald alias Ojee, Mugarura Alex alias Mugabo and others still at large on 31st July 2001 at Kiryangura village Masindi District robbed Barigye Petero of Ug. Shs 9,000,000/=, cloths and documents and at or immediately before or after the said robbery used a deadly weapon to wit a strong, elongated and rough device, and also threatened to use a gun on the said Barigye Petero.

All the accused persons pleaded not guilty. They were represented by Mr. David Kibanda. The State was represented by the Resident State Attorney Masindi Mr. Angozosi Serwadda.
The prosecution's case rested on the testimonial of Petero Barigye (the complainant) (PW1) Kabagambe Paul (PW2), Katambala David (PW3) and D/AIP Oneka Ali Andrew (PW4): By consent of both parties under the provisions of section 66 of the Trial on Indictment Act a Medical Examination Report in respect of Petero Barigye on PF3 dated 1
st August 2001 was received in evidence as Exhibit P1.

 Petero Barigye (PW1) testified that in the night of 30
th July 2001 at around 1.00 a.m. while sleeping in his house, he heard a bang on the door to the house and the door fell inside. The attackers immediately entered the house and started demanding for money as they assaulted the witness with a heavy stick (club) on the head and he started bleeding. In the course of the attack the attackers removed a metallic suitcase from under the witness bed which they went away with. That in the suitcase was the witnesses’ money in the sum of Ug. Shs 9,000,000/=, two radios, cloths and other things which the attackers also took with them. That in the course of the attackers the witness identified among the attackers the voices of Mugabo A3 and Opilo A1.

 PW2 Kabagambe Paul testified that at the material time he was occupying a house in the same homestead with PW1. His house and that of PW1 were about ten metres apart. That one night at around 1.00 a.m. the witness heard a bang on the door of the house of PW1. He heard PW1 crying and voices of the attackers demanding for money from PW1. That the witness came out of his house and saw Mugabo (A3) standing at the side of