The Accused persons are presumed innocent until the contrary is proved. In order to consider the culpability of the Accused persons, certain several principles of the law are considered. Uganda EA 531.Kivumbi Vincent (A1) was represented by Counsel Lwanga Richard, Kigozi Joseph (A3) and Byakatonda Deogratius (A6) were represented by Counsel Jurugo Isaac, Mugerwa Lawrencio (A2) and Gitta Kizito (A5) were represented by Learned Defence Counsel, Gumisiriza Francis and Ssengendo Lawrencio (A4) was represented by Counsel Natukunda Juliet whilst the State was represented by Learned State Attorney, Ms. Resultantly, Prosecution had to prove each and every element in the Offence charged in order to secure a conviction against the Accused persons. A plea of not guilty was entered in respect of each Accused thereby setting in issue all the ingredients of the offence charged. When the Charge was read and explained to the Accused, each one of them pleaded not guilty. The Accused persons were arrested and accordingly charged with the Offence of murder of Kabugo Yusuf. The deceased was taken to Buwama Health Centre in a critical condition and unconscious whereupon he died.

This prompted him to report the incident to Buwama Police Station. It is further alleged that one, Kato Deziderio tried to restrain the mob from assaulting the deceased but they resisted. He was severely beaten, stripped naked and tied with ropes.

It is alleged that the deceased was tortured by the Accused persons. The background of the case is that on the fateful night 26 th day of March, 2011 at Bulunda village, Buwama Sub-county in Mpigi District, the deceased, Kabugo Yusuf was arrested from his house by a mob that included the six Accused persons. The Accused persons denied having committed this Offence and as such, a plea of not guilty was entered. A person convicted of this Offence is liable to suffer death.

It is alleged that the Accused persons, Kivumbi Vincent, Mugerwa Lawrencio, Kigozi Joseph, Sengendo Lawrencio, Gitta Kizito and Byakatonda Deogratius on the 27 th day of March 2011, at Kawumba- Bulunda villages in the Mpigi District murdered KABUGO YUSUF. The Accused persons, Kivumbi Vincent, Mugerwa Lawrencio, Kigozi Joseph, Sengendo Lawrencio, Gitta Kizito and Byakatonda Deogratius were Indicted with the Offence of Murder contrary to Sections 188 and 189 of the Penal Code Act, Cap 120.

Prove without a shadow of doubt