R. v. Sangi Manyenyi, Crim. Sass. 59-M-67, 23/11/67, Mustafa J.

R. v. Sangi Manyenyi, Crim. Sass. 59-M-67, 23/11/67, Mustafa J.

Complainant was shot with an arrow, whereupon he turned around and saw only the two accused. No evidence was adduced to show which one had shot the arrow. Just before this, the accused had attached complainant and taken the bow and arrow with which he was shot.

            Held: (1) In the absence of evidence as to which accused fired the arrow, they both can be convicted of attempted murder only if the prosecution could show a common intention. (2) The prosecution sought to find the requisite common intention intent in the joint attack on the complainant moments before he was wounded. When the arrow was shot, the assault on complainant had already been terminated, and there was no evidence adduced to show that accused were still acting in concert.[Citing Dracaku Afia and Another v. R., (1963) E. A. 363.] (3) As no prima facie case was made out against accused they were acquitted.