The trial court relied on the circumstantial evidence to
convict the Appellant. PW1 left for home at around 6:30 p.m. when the deceased
reported at the garage for his night guard duty. The following day PW1 reported
to work at the garage only to find the deceased on the ground facing up. He was
dead. A vehicle which was in the garage had broken sight mirrors. Its rear
windscreen had been stolen while the front windscreens were broken. The police
learnt from their informers that there was a vehicle which had been fitted with
the windscreen that had been reported stolen from Garage. PW2 the owner of this
vehicle, told the police that he bought the windscreen from PW3. PW3 told the
police that it was the Appellant who had taken that windscreen to him looking
for a buyer. PW4 testified when interviewed the Appellant greed that he had
indeed sold the windscreen. The Appellant had in addition recorded a cautioned
statement and later on made an extra-judicial statement to a justice of the
peace, not only confessing to the crime of stealing, but to also injuring the
deceased. Testifying in his own defence as DW1, the Appellant retracted the
cautioned statement he made to the police but agreed that he freely made a
statement before PW5 a justice of the peace.