Case No.:

AC.CP.29o.1958

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, ss. 44 and 2 of fact—Accused beflived deceased bewitched him—No defence

Accused believed deceased bewitched him; therefore he killed her.
Held: No defence available under Penal Code. s. 44.

Judgment

(MAJOR COURT CONFIRMATION(

SUDAN GOVERNMENT v. MUYANG LOHUYUK

AC.CP.29o.1958

M. A. Abu Rannat C.J. September 27, I958 :—The facts set out the Summary of Salient Facts are supported by sufficient evidence.

It is clear that the accused speared the deceased, and caused instant death. It is also clear from the nature of the wound and weapon used that the accused intended to cause deceased’s death.

The accused pleads that he intended to kill the deceased because believed that she bewitched him. Whatever effect such a belief wd have on the accused, it would not constitute a defence for murder.

I therefore confirm the finding of murder.

Sentence

It is a pity that this case, which was reported on December 6. 1955came to trial by a major court on September 11. 1958. The case I wrongly sent to trial by a chiefs court, and the Governor rightly quashed

the proceedings of that court and ordered retrial on March 23. 1957 It took one year-and-a-half to reach the trial court . This state of affairs refIects badly on the magistrate in charge of Torit District .

Both the court and the Governor recommend commutation of the death sentence in view of the unnecessary agony caused to accused by detention in prison pending trial for nearly three years.

I therefore commute the death sentence to imprisonment for life from December 6, I955.