R. v. RUKONDO S/O KAMANO (1968) HCD 48

Crim. Sass. 165-M-67, 17/11/67, Mustafa J

Accused was charged with attempted murder. [P.C. s. 211(1).] There was evidence that accused and several others shot a shower of arrows at complainant and his companions in an attempt to recover meat which they believed complainant and his companions had taken from them. They shot from about 40 paces away. One of the arrows hit complainant in the buttock, causing a wound tow inches deep.

Held: 

(1) It was not satisfactorily proved that the arrow which hit complainant was shot by accused. 

However, accused and his company were all acting in concert and with common intention, and accused is therefore responsible for the injury even if he did not himself shoot the arrow. 

(2)In view of the distance from which the arrows were shot and the other circumstances of the case, accused was guilty of the offence of an act intended to cause grievous harm [ P.C. s. 222(2)] rather than attempted murder. 

Accused convicted of the former offence.