Appellants were among nine accused persons charged with culpable homicide punishable with death.

The 1st to 4th appellants put up a defence of alibi which was not investigated by the police.

It was stated that the 5th appellant was among the group that attacked the deceased and that he was armed with an axe when he attacked the deceased. No direct evidence was led that it was the axe of 5th appellant that killed the deceased.

The trial judge convicted all the appellants and sentenced them to death whereupon they appealed to the Court of Appeal.