CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Kaduna Division delivered on the 27th day of May, 2011. The court affirmed the conviction and sentence of the appellant by the trial court for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.
By a charge dated the 9th day of February, 2005, the appellant was arraigned before the High Court of Katsina State for the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.
Briefly, the facts of the case were that the appellant had, on 17th April, 2004 caused the death of one Alhaji Garba Namuri by striking his head with an axe which is an offence punishable under Section 221 of the Penal Code.
At the trial, 5 (five) witnesses testified for the prosecution (respondent) and two Exhibits (A and B) being the post mortem report and the axe used respectively, were tendered in evidence. Th…