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IN THE SUPREME COURT OF UGANDA -On 26th March 2001 the appellant, her husband Bagaya Wilber (PW2) , her co-wife and their children went early in the morning to dig in their garden. At about 7:30 a.m. PW2 told the children who included the deceased to go back home and prepare to go to school. The appellant followed them. The deceased did not want to go to school that day and pretended he was ill but soon forgot and started playing. This angered the appellant, who had previously received a report that the deceased had stolen shs. 300/= from the neighbourhood. -In 1970 the Penal Code was amended and “grievous harm” was taken out of the definition of malice aforethought. We think that if the appellant had been charged before that law was amended, she would have safely been convicted of murder because there is enough evidence to show that she deliberately burnt the deceased and therefore intended to do grievous harm to him or had knowledge that her action would probably cause grievous harm. However, on the basis of the evidence presented a reasonable doubt remains that her conduct, strange, cruel and outrageous as it was, was actuated by an intention to “exterminate” the deceased, to use the word of the learned trial judge. The evidence that was accepted by court that she herself cooled off the fire, allowed the deceased to get away from the scene, carried the deceased on a bicycle to the hospital and stayed with him until he died must be considered in her favour and consequently create doubt about her intention to cause the death of the deceased. -In the result her appeal succeeds. We quash the conviction for murder and set aside the sentence of death. Instead we convict her of manslaughter contrary to section 187 and 190 of the Penal Code Act. We shall hear submissions in mitigation before passing sentence.

    THE REPUBLIC OF UGANDA   IN THE SUPREME COURT OF UGANDA AT KAMPALA (CORAM: ODOKI, CJ; TSEKOOKO; KATUREEBE; TUMWESIGYE; KISAAKYE; JJSC.) CRIMINAL APPEAL NO: 15 OF 2009 BETWEEN       NAKISIGE KYAZIKE::::::::::::::::::::::::::::::::::::::::::::::: APPELLANT     AND   UGANDA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT (An appeal from the judgment of the Court of Appeal at Kampala (Before Engwau, Twinomujuni and Nshimye, … Continue reading

service matter payment of back wages = The parties having agreed to a solution, we see no reason why the same cannot be made a basis for disposal of this appeal in modification of the order passed by the High Court.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2708 of 2012 (Arising out of S.L.P. (C) No.21197 of 2010)   Vismay Digambar Thakare …Appellant Versus Ramchandra Samaj Sewa Samiti & Ors. …Respondents     J U D G M E N T     T.S. THAKUR, J.   1. Leave … Continue reading

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