MODEL PENAL CODE ANNOTATED

SUDAN GOVERNMENT v. ABDULLAH MUKHTAR NUR

Major Court, DC-Maj. Ct.-3-1957
1959 Sudan L. J. 1
Sudan

 Judgment:  The accused is a young man of twenty.  He lived in Liat Village lying in the southern area of Um Kaddada district.  The deceased was an old woman who lived in another village in the same district, and had no relations or previous introduction with the accused before the present incident.  The accused heard from his mother and the villagers that there was a ghost (Afrieta) in the area and it fought with a certain Mohamed Rahma (P.W. 2).

 On the night of 26th April 1956 at Sahoor time (the 26th April being the 14th night of the Holy month of Ramadan) the accused rode his donkey and went to the valley in search of a missing cow.  He was on his way to the village when he met a figure walking towards him dressed in black and carrying a stick.  The accused spoke to the figure, which refused to reply.  He became frightened, took the figure for the ghost and started beating it with a stick until it fell motionless to the ground.  The accused then went to the village and broke the news to the villagers.  They went with him to the scene to find that the “ghost” was none other than the old woman Nur Zamal.  She was dead.

 The accused was committed for trial under section 251, Sudan Penal Code (murder).  He was found not guilty of any offence and discharged.