ADEMOLA, C.J.N. (Delivering the Leading Judgment)- The appellant was charged with the murder of one Adeleye (m). He was tried at Ikeja by Beckley J., with a jury and was duly convicted.
There was no eye witness to the killing, but the case against the appellant was largely based on circumstantial evidence. Both the appellant and the deceased lived at Abegunrin village, the deceased was a washer man and the appellant was a hunter and a farmer. It was usual for the deceased to do his washing in a stream called Oponu not far from the village. On the day the deceased met his death, namely, 27th September, 1967, he went to the stream as usual to do his washing and never returned home. He was not seen alive from that day. Search parties went out to look for him and the appellant joined a search party which went to the stream. It would appear that as two of the men were wading into the stream the appellant warned them they should be careful as it was not safe to go further because there were…