Case No.:

AC.CP329- -1958

Court:

Major Court Confirmation

Issue No.:

1961

Principles

·  Criminal Law—Penal Code, s. 42—To rebut presumption must show drunkenness rendering accused incapable of specific intent

Accused, somewhat drunk on marisa, had a quarrel with his wife over payment for marisa, and he killed her. The defence of drunkenness was raised.
Held: On the facts accused has not rebutted the statutory presumption of knowledge. Penal Code, s. 42, by showing his drunkenness rendered him incapable of forming specific intent.

Judgment

(MAJOR COURT CONFIRMATION)

SUDAN GOVERNMENT v. ABUJUKU MUSA

AC.CP329- -1958

Facts found by M. E. S. Gassouma, Province Judge, President of the Major Court convened at Wau, October 22, 2958 :—On January 29, 1958, P.W. 2 and his wife, P.W. 3. were preparing marisa for sale in their house to which they invited all the parties and witnesses the day before. Early in the morning before accused left his house, the deceased informed him of this invitation and so he asked her to go there and he would follow. Accused then went round the marisa houses and drank in different places. At noon after he got drunk and was going back home he remembered the invitation of P.W. 2 and so he decided to go there. During his roaming about’ the different places, accused met the sister of deceased, P.W. 4, and so he took her with him to the house of P.W. 2. On arrival of accused, P.W. 6 offered him his chair on which he sat while P.W. 4 sat on a box nearby. Deceased was then already there and so accused ordered marisa for one piastre which he put before deceased and her sister, P.W. . All the other witnesses were already inside the " Guttia "

of P.W. 2 drinking and chatting. P.W. 3. the owner of the marisa and wife of P.W. 2, then went out for some business and in her absence P.W. 6 ordered marisa for one piaster which was measured and given to him by deceased but he did not pay for it. Again P.W. 6 ordered marisa for one piastre, but deceased asked him to pay first for the marisa which he had already ordered.

On hearing this accused got annoyed and so he rebuked deceased that it was not her business to ask P.W. 6 for the cost of the marisa he drank and that if P.W. 6 wanted the whole quantity of the marisa in the barrel, she should give it to him. Deceased replied that she was asking for the money in advance because the marisa was net her property but she was only acting for and helping P.W. 3 Iii selling her marisa. Accused then asked deceased to quit the house immediately. Before deceased could prepare herself to stand up and leave the house as suggested by accused, the latter turned on her and kicked her with his feet until she fell to the ground and then took out the knife, exhibit “A,” which was rolled in a cloth, from his pocket and stabbed deceased four times on the chest, back and stomach, Seeing this sudden attack, all the witnesses were excited and ran out of the house. Deceased died on the spot and then accused went out of the house and dropped the knife in a nearby we1l and then proceeded to the police station and reported himself.

M. A. Abu Rannat C.J. November 17, 1958 :—The facts set out in the Summary of Salient Facts (pages 30 -32  of the trial record) are admitted by the accused, and I need not repeat them here. These facts show that the accused stabbed his wife four times with a sharp knife and caused her death on the spot. It is clear from the evidence that he intended to cause her death.

The accused pleaded in fact drunkenness. The evidence of drunkenness as disclosed in the record does not show that his drunkenness rendered him incapable of forming a specific intent of causing death. Evidence of drunkenness merely establishing that the accused’s mind was affected by drink and that he more readily gave way to some violent passion does not rebut the presumption that his intention was to deceased. So I do not think that there is evidence of  drunkenness which’ establishes temporary insanity—delirium tremens. -

I do not think there are any other mitigating circumstances which reduce the offence of murder.

I confirm the finding of murder and death sentence.