BEDIAKO AND OTHERS v. THE STATE

JUDGMENT OF CRABBE J.S.C.

Crabbe J.S.C. delivered the judgment of the court. The circumstances out of which the case arose and the facts on which the prosecution relied are set out in detail in the following passage from the judgment of the circuit judge:

"On the 3rd October, 1961, P.W.1, who lives in the same room with P.W.2 went to bed at about 9 p.m. While the inhabitants were asleep they heard reports from guns in the streets. P.W.1 came out of his room into his yard and attempted to open the gate when he realised it had been locked from outside. While in the yard P.W.1 asked P.W.2 to come out. P.W.1 later heard a bang on the door of the empty store leading into the yard. Many people came into the yard and one flashed a torchlight on P.W.1's face. P.W.1 later realised it was No.1 accused and asked why he was doing that. No.1 accused hit P.W.1 with the butt of a gun and P.W.1 fell down. While on the ground P.W.1 saw No.2 accused and No. 3 accused pass him towards his room. At this time the moon was up. The first and second accused pushed P.W.2 into the room and in her presence removed her boxes and pan. The first accused also went into the room and came out with a bundle of cloths. The defendants then left the house . . .

P.W.8 saw three people enter his store and remove the articles mentioned in count 7.

P.W.4, who was inside P.W.3’s room, heard people talking behind the window. Later the window was forced open and people entered the room through the window. P.W.4 raised an alarm but was hushed up. The people removed the articles enumerated in count 4. They asked P.W.4 to show them where P.W.3 had kept his money in the course of which P.W.4 recognised the voice of No.1 accused who was with the people. The latter entered another room in the house and collected some money (£G400) belonging to P.W.3. P.W.6, who was in charge of P.W.5's room, was in the room when some people forced the door open and entered. They put off the light in the room and removed the articles enumerated in count 5. Before leaving they poured a barrel full of water into the room. P.W.7's door was also forced open and he saw some people enter. P.W.7 recognised [p.50] No. 1 and No. 3 accused among eight people who entered the room. P.W.7 asked why they entered the room and one of them fired a gun which went past P.W.7's buttock. P.W.7 fell to the ground. P.W.7 was sent to hospital at that very time but no serious injury was found on him.

When the thieves left P.W.1 raised an al