relatives took him to the Hospital. This witness further told this Court that he
could not remember if his statement was recorded at the C.I.D. office.
After the close of the case for the prosecution, both the prosecution and
the defence counsel applied for the leave of this Honourable Court to file their
final written address. The defence counsel filed her written address dated the
20th day of April 2023. The Learned Counsel adopted the said written address
as the argument of the defendant and urged this Honourable Court to
discharge and acquit the defendant.
The Prosecution Counsel on the other hand filed his written address
dated the 11th day of July 2023. He adopted the said written address as the
argument of the prosecution in this case and urged this Honourable Court to
convict the defendant as charged.
It is to be noted that the burden to prove the guilt of the defendant is
on the prosecution. That burden remains constant on the prosecution and
never shift.
The prosecution can discharge the said burden by any of the following
ways:1. Confessional statement of the defendant
2. Evidence of eye witnesses.
3. Circumstantial evidence.
For the prosecution to discharge the said burden in a charge of
Culpable Homicide punishable with death contrary to Section 191 of the
Penal Code, the following ingredients of the offence must be proved beyond
reasonable doubt.
1. That the deceased died.
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