JOHN INYANG OKORO, JSC. (Delivering the Leading Judgment): The Appellant was charged before the trial court on two counts of conspiracy to commit murder and murder contrary to section 524(1) and section 319 respectively of the Criminal Code Cap 48, volume 11, Laws of the defunct Bendel State, 1976 as applicable to Delta State. On 30th January, 2002, the Appellant pleaded not guilty to all the charges.
The prosecution called four witnesses and tendered four Exhibits i.e. Exhibits "A”, "B” "C” and "Cl".
PW1 who is the daughter of the deceased, testified that on 15th October, 1998, while she was sitting in her house, two children came and told her of what happened to her mother. That she immediately left for the mother's house and on her way, saw her mother being carried in a wheel barrow and with a deep cut on her left eye. When she inquired of what happened to her, she told her that her tenant Emmanuel (i.e. the Appellant) gave her the deep cut on her left eye when she demanded for the…