MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment):This is an appeal against the judgment of P.O. Onumajulu J- of the High Court of Imo State sitting at Mbaitoli/Ikeduru delivered on 26/7/99 wherein he found the accused appellant guilty of the offence of murder contrary to Section 319(1) of the Criminal Code and accordingly sentenced him to death.
The facts of the case are as follows. On the 2/5/92, PW3, the daughter of the deceased was returning from the stream where she had gone to fetch water. Her bicycle broke down on the way and had to drag the bicycle home. Later in the day between 4.pm and 5.pm, she took the bicycle to a bicycle repairer one Fabian Ugwushie to effect repairs. While she was with the repairer, she heard the deceased calling on her. On her way back to answer the call, she met the deceased on the way who asked her to go home to cook. As she (PW3) moved to go to inform the repairer to continue with the repair work, she saw the accused emerged from a t…