Crim. Sass. 4-A-67, 31/7/67, Platt J
Accused was charged with murdering the woman with
whom he had lived for several months. There was evidence that they had quarreled during the day, that deceased had
threatened to return to her mother and had refused to obey accused ’s demand
that she wash his clothes. She also refused to give him Shs. 20/- which he
demanded, but finally relinquished it. Shortly thereafter, accused dragged
deceased from a house into a plantation a short distance away and fatally
wounded her with a panga. Deceases was 16 week’s pregnant at the time of her
death.
Held:
(1) An issue is
“whether the situation which faced accused as a whole, could be seen as
provocation, which could cause a man of his [accused ’s] position in life to
lose control of himself and act in a heat of passion in this way.”
(2)The
burden of proof is on the prosecution to disprove provocation.
(3) The acts of
deceased during the quarrel would merely give rise to annoyance and did not
constitute provocation. Accused convicted of murder and sentenced to death
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