KUSI-APPIAH, J. A.
The five accused persons were arranged before this court on 20th November, 2009 on two counts of conspiracy to crime to wit, Robbery and Robbery contrary to Sections 23(1) and 149, and 149 of the Criminal Offences Act, 1960 (Act 29) respectively.
The particulars of the charge against the five accused persons are as follows: COUNT ONE BALLA FULANI, AMADU AHEJO, ABDULAI FUSEINI, FUSEINI AMADU, CHARLES MACCARTHY, you on or about 5th October 2003 at Water Works near Akuse in the Greater Accra Region agreed or acted together with a common purpose to commit robbery.
COUNT TWO BALLA FULANI, AMADU AHEJO, ABDULAI FUSEINI, FUSEINI AMADU, CHARLES MACCARTHY, you on or about the 5th October 2003 at Water Works near Akuse in the Greater Accra Region, robbed one TEYE AMEKO MACCARTHY of his one shot gun valued at 1. 5 million cedis, one packet BB Cartridge valued at 800, 000 cedis and cash sum of 144, 800, 000 cedis.
The facts of the case as can be gleaned from the evidence are simply stated that: The victim Teye Ameko is a livestock farmer with herds of cattle and other animals in his village at Old Water Works near Akuse on Kpong-Tema Motorway road.
He lives in the village with his children and other relatives.
On or about 5th October, 2003 at about 1. 00 a. m. whiles the victim was fast asleep in his room at the village he was awoken by gun shots.
The accused persons who were armed with guns and cutlasses forced his door open and entered.
They then ordered him to bring out all his money or faced death.
According to the victim, his response that he did not have any money did not go down well with the accused persons who subjected him to severe torture and beating.
Not satisfied with the lot, they requested the almost unconscious victim to take them to the bush behind his house to show them where he keeps his money.
In the process, the first and fifth accused carried him to the said bush.
But when they were unable to recover any money from that spot (bush), the two inflicted a deep cut at the victim’s left hip of his spinal cord and his right shoulder.
All this while, the other armed men were busily ransacking the victim’s room and firing indiscriminately in the compound.
The two accused later on joined the others to ransack the room until they succeeded in taking away an amount of One Hundred and Forty-Four Million, Eight Hundred Thousand Old Cedis (¢144, 800, 000: 00)(Gh¢14, 480: 00) and other items belonging to the victim as stated in
