Principles

·  Criminal law—Murder—Sudan Penal Code, s. 251-rigth of private defence—s.55— s. 61—s. 62         

                                                                                                          
    The accused had stored some water in a tree in an area where water is very scarce. Some thieves stole the water and accused pursued them, demanding the return of his property. His demands were refused. The deceased, one of the thieves, fell from his camel and accused attacked him. During the ensuing fight the accused struck the deceased and death resulted. In the trial by a Major Court for murder:               
Held:—The accused was not guilty of any offence, having used reasonable force in defence of himself and his property.                                                                                     

Judgment

    The accused Musa Gibril Musa lived in an area where water is scarce. The nearest source of water is a day’s walk. Like other inhabitants of the area Musa collected water during the rainy season and stored it in the hollow trunk of his Tabaldi tree for his consumption during the rest of the year. One day in the dry season the accused visited his tree and discovered the recent traces of some thieves with their camels who had stolen some

* Sitting at Um Kaddada, Darfur Province.

of his precious treasure. Musa followed the tracks of the culprits and soon overtook them. Their four camels were each loaded with two water skins. He shouted his demands for the return of the water or its price. The four riders however turned a deaf ear and two of them produced rifles and threatened to shoot him unless he went away.

    Musa continued the pursuit. At this juncture, one of the camels unseated its rider. Musa, armed with an axe, went for him. A shot from one of the camel riders pierced the flesh of the left side of accused. It did not impede his attack.                                         

    The unseated fellow had a stick, but Musa struck him on the head and gave him another blow after he had fallen down. These blows caused his death. The thieves shot another bullet at the accused and charged their camels at him but he managed to run away and later staggered into the field of Ahmed Izairig.                                                           

   8th January 1959. Abdul Rahim P.J. (President of the Major Court) in the course of judgment said:—In the view of this Court the accused is not guilty of murder or any other offence. He caused the death of the deceased in the lawful exercise of his right of defence of himself and his property. Water is an invaluable property in the dry season in Eastern Darfur. Accused’s life was in danger. Since the act which was repelled by the accused was robbery, the accused is entitled to seek recovery of the stolen water even if it results in the death of the robbers, provided he uses reasonable force (sections 55, 61 and 62 of Sudan Penal Code).                                                 

(Acquittal)1

1 Finding of Not Guilty under section 251, Sudan Penal Code, or any other offence, confirmed by the Chief Justice,17th January 1959 (AC-CP-2-1959)