ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kastina State Dustin-ma Judicial Division delivered on 12/5/14 in Charge No. KTH/DM/3C/2012 dated 10th June, 2012. The appellant and two other persons, Abdullahi Aliyu and Abdullahi Yusuf were in that one Count charge alleged of committing the offence of culpable homicide punishable with death under Section 221 of the penal code in that on or about the 22nd day of September, 2011 at about 001 hours while in company of other persons at large, they caused the death of Alhaji Garba Bello at Rugu forest, Safana Local Government Area of Katsina State by jointly beating and cutting him on the head and all over his body with sticks and axe which cause him injuries that led to his death.
The three accused persons pleaded not guilty to the charge whereupon the prosecution adduced oral and documentary evidence through seven witnesses while each of the three accused persons gav…