The three accused were all charged with the offence of murder to which they pleaded not guilty. On the day prior to the deceased's death, the deceased and the third accused had quarreled resulting in the third accused sustaining a black eye from the deceased. The third accused thus hired the second accused to help her kill the deceased. The three accused had been seen by the deceased's wife chasing the deceased into the bush. This was after the third accused had issued repeated threats against the deceased's wife that the deceased was going to die.
Held:
(i) Considering the declaration of intention to kill by A3, the nature of injuries sustain by the deceased and the song sang by A2 praising himself for having killed the deceased is a clear testimony that the three accused persons intended to kill the deceased with malice aforethought
