When the charges were read to the Accused, he denied the Charges and a plea of NOT GUILTY accordingly entered.
By denying the Charges, the accused placed in issue all and every essential ingredient of the offence with which he is being charged.
In attempt to prove the charge, the prosecution first called the complainant who testified as PW1.
He testified that he knows the accused as his herdsman; that on the 11th day of February, 2024, the accused took Pw1’s cattle for grazing but he never returned. Pw1 testified that he had a total of 107 cows and the following day when he checked the kraal, there were only 20 cows left and the accused as the herdsman was no where to be seen; that he then called his brother who supervises the kraal, a one, Oling Robert and he told him about what had happened.
The Accused opted to give evidence on Oath.
He was sworn in in Runyankole and testified as his own witness, as DWI Nanjeze Moses
He told court that he is 25 years of age, cattle keeper by occupation, a Pentecostal (mulokole) by faith, resident of Atiak, Pacilo East in Amuru district.
He begun his testimony by thanking court. He testified that sometime back, on the 11th February, 2024, he went to graze the cattle as usual; that he had one cow which was almost delivering and indeed, it later went into labour at around 7:00am and at about 12:00noon, the said cow started developing complications when the vagina started swelling since it was young, which prompted him to go back home to get a rope to use in helping the cow to deliver; that on return, he laid down the cow and indeed helped the cow deliver at around 1:30pm; that at that time, most of the cattle had scattered.
FULL JUDGEMENT:
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