DUA v. THE STATE

JUDGMENT OF CRABBE J.S.C.

Crabbe J.S.C. delivered the judgment of the court. The appellant was convicted on the 11th September, 1962, by Djabanor J., sitting with assessors, at the Brong-Ahafo Region Criminal Session held at Sunyani of the attempted murder of his wife, Abena Bio.

The brief facts of the case are that the appellant and his wife lived in the same house at Berekum. On New Year's eve, that is, the 31st December, 1962, and just before midnight they had a quarrel about a sum of £G20 which the appellant had given to his wife to buy certain clothing materials in Kumasi for her customers. The appellant appeared drunk and insisted on a repayment of this amount to him by the wife. During the altercation that followed the appellant was alleged to have said to the wife: "Whether I get the money or not, today I will kill you." Just as the clock struck midnight and the New Year was being ushered in the appellant attacked his wife with a knife and inflicted on her several injuries. She was rushed to the Holy Family Hospital where she was treated by the medical officer in charge of the hospital, and after fifteen days hospitalisation was discharged. The medical officer who gave evidence at the trial described the condition of the appellant's wife and the extent of her injuries when she was first brought to the hospital. She (the medical officer ) said:

"On the 1st January, 1962, at about 1.15 a.m. a woman called Abena Bio was brought to the hospital. When I saw her she was having very laboured respiration and she was moaning continuously. She was semi-conscious. When I examined her I found a vertical laceration (cut) over the lower end of the right scapula. Examination by finger revealed an anterior sciving fracture of the right 9th rib, pointing in a direction towards the right, with entrance to the right pleural cavity (where the lungs are contained). With [p.387] respiration the sucking in and out of air was audible. There was an oblique laceration along the right coastal border at the right anterior axillary line. Examination by finger again revealed an anterior sciving fracture of the 11th rib with entrance into the right pleural cavity. There was a small laceration over the upper border of the right scapula, over the left upper arm anteriorly at the axillary border and over the left wrist at the anterior service. There was a deep laceration of the right forearm just beneath the elbow and the radial aspect of the arm with division of one large of