THE REPUBLIC v. WILLIAM KPELI AWUDI

BACKGROUND

The accused person was arraigned before this Court on 3rd June, 2022 on a charge of

Assault contrary to Section 84 of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The facts as attached by the Prosecution stated that the complainant is a 22 years old

commercial motor rider and resides in Kpelikorpe near Dzodze whilst the accused,

William Kpeli Awudi is a 32 years old farmer and a native of Dzodze.

The Prosecution stated that on the 22nd of September, 2021 the complainant and his friend

visited the accused on his farm between the hours of 6:00am and 6:30am at Agbadome to

find out from him why he assaulted the younger brother of the complainant the previous

day.

The Prosecution stated that a misunderstanding ensued between the complainant and

the accused on his farm and the accused inflicted cutlass wounds on complainant’s

forehead and left hand.

The prosecution stated that, the complainant reported the incident to the Police and was

issued with a medical form to attend hospital which was later returned by him duly

endorsed by the medical officer.

The prosecution stated that the accused was later arrested and he denied the offence in

his cautioned statement.

The accused person was arraigned before the court for prosecution after investigations.

PLEA OF ACCUSED

The accused pleaded not guilty to the offence when the charges and particulars of the

offences were read and interpreted to him and was admitted to bail.

Witness statements of witnesses of prosecution together with charge statement and

investigation caution statement of the accused were filed by the prosecution together

with a medical report and a photograph evidencing the injured state of the complainant

and duly served on the accused for trial.

THE CASE OF PROSECUTION

The prosecution called in addition to the complainant, Esi Sallah (PW2) and the police

investigator, Detective Sergeant Kingsley Aboagye Darkwah (PW3) as witnesses to prove

his case.

In his evidence, the complainant as prosecution’s first witness stated that on the 22nd of

September, 2021 he received a phone call from his mother Esi Sallah who informed him

that the accused had subjected his nephew to severe beatings as a result of which he

sustained lacerations on his body.

The complainant stated that he proceeded to his mother’s place and was directed to the

place of the accused where he met him on his rice farm.

The complainant stated that when he asked the accused what happened