Facts
The appellant appealed against the conviction for murder by the High Court on the ground that the conviction was largely based on the uncorroborated dying declaration of the deceased. The appellant further contended that the conditions obtaining at the time of the incident did not favour correct identification of the appellant as being one of the bandits who invaded the house of the deceased in the night.
Held:
(i) The conditions in the house did favour correct identification of the appellant as the tube light under which a person could read was sufficiently bright to enable the deceased to identify the appellant who was well known to him before the incident.
(ii) Prior notice of the defence of alibi is required under the law.
(iii) The appellant was under no legal obligation to prove the alibi but in the fact of the allegations made against him one would reasonably expect him to call the person he claims he was with at the time of the event.
Case Information
Appeal dismissed.
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