ARIWOOLA JCA (Delivering the Lead Judgment): This appeal is sequel to the trial and conviction of the appellant by the High Court of Katsina State presided over by Hon. Justice Yusufu Ibrahim. The decision of the court was delivered on 19th May, 1997 when the appellant was convicted for the offence of culpable homicide punishable with death under section 221 of the Penal Code.
The facts of this case as given by the prosecution are that sometime on 11th May, 1993 in the town of Ingawa in Ingawa Local Government Area of Katsina State, the appellant, Maikudi Aliyu, caused the death of the deceased, one Junaidu Bala. At about 5.30am on the said 11th May, 1993, the deceased in company of PW1 and PW2 and some others were on night patrol as members of a vigilante group when they confronted the appellant who was identified as one whom one of them, PW1, had seen with some loads on his head but disappeared. He was arrested, but as he was being taken to the police station, somewhere in a market…