THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
CASE NO: HCT-00-CR-SC-0035 OF 2003
UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR
MUGISHA DEO alias COMMANDER :::::::::::::::::::::: ACCUSED
BEFORE: HON. MR. JUSTICE LAMEKA MUKASA:
The accused Mugisha Deo alia Commander was charged with Aggravated Robbery contrary to sections 272 and 273 (2) of the Penal Code Act. The particulars of the offence are that the accused on the 29th day of October 2001 at Luwum Street in Kampala District robbed Apire Peter of his mobile phone Nokia 3210 valued at Uganda shillings 320,000/= and at or immediately before or immediately after the said robbery threatened to use a deadly weapon to wit a knife on the said Apire Peter.
The Accused pleaded not guilty to the charge. He was represented by Mr. Pracy Wadidi. The State was represented by State Attorneys Ms. Angelina Maria Namakula, Ms. Sarah Karwengi and latter by Mr. Brian Arinaitwe.
The prosecution called six witnesses to prove its case, namely Dr. Nsereko Mukasa (PW1), Peter Apire (PW2) the complainant, Sempa Paul (PW3), No.23794 D/Constable Ndeire Franco, (PW4) the Investigating Officer, Mpirirwe John (PW5), and Jinaro Onzi (PW6).
Peter Apire PW2, testified that on 29th October 2001 at around 7.30 p.m., as he normally used to do while going home after work, he went to Luwum Street to take a public transport motorcycle, commonly known as boda boda, home. At the stage the witness got his usual transporter PW3, to take him home. That as he was boarding the motor cycle the witness felt something hitting him hard on the left side of his head below the eye above the cheek. The blow forced him off the motorcycle and he fell down unconscious. That he regained consciousness while at his home and noticed that his face was swollen and he was bleeding on his thigh. He also found out that his mobile phone Nokia 3210 was missing from his belt where he had clipped it. There only remained part of the clip on the belt.
That as he was being nursed by his wife, PW3, Sempa Paul, came and told him that the man who had assaulted the witness and stolen his mobile phone had been arrested and he told the witness to go to the police and make a statement. He went to Central Police Station where he was shown the accused who was in the police custody as the man who had assaulted him and stolen his mobile phone. The witness has never recovered the phone.
PW3, Sempa Paul, testified that he is a boda boda operator, operating from the boda boda stage at Luwum Street at the junction joining Luwum Street and the road from Kampala Road down to Nakasero Market. That on 29th October 2001 at around 7.30 p.m. he was approached by his usual client, PW2, asking the witness to take him home. As PW2 was boarding the motorcycle the accused boxed PW2 around the neck which blow forced PW2 to fell down unconscious. That the accused grabbed a mobile phone from