BWASHI
V.
THE STATE

(1972) JELR 40208 (SC)    

Supreme Court  ·  SC.104/1972 ·  16 Jun 1972 ·  Nigeria
 · 
Other Citations
BWASHI v. THE STATE (1972) 6 S.C. (REPRINT) 55
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Core Terms Beta
davou boyi
exhibit
knife
boy
house
hospital
learned trial judge
10th july
death
boyi dalyop
garos bwashi
john lenge
matter
nyazi davou
p.c. yohan jatau
police
police men
stab wounds
above conclusion
authority of kato dan adamu v
body
careful consideration
chaha village
circumstantial evidence
confessional statement
considerable importance
culpable homicide
dispute.the case of the prosecution
dr. fouad nadeem
due account of the background of the accused
english translation
facts of the case
following words
hausa language
high court of the benue
kano native authority
leading judgment
lethal weapon
mate kumbo
medical evidence
mortem examination
mr. gaji
name kumbo
p.c. daniel dachollom
plateau state
police station
reasonable doubt
sub-inspector daniel luga
udo udoma
wounded davou boyi

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The appellant, Garos Bwashi, was convicted in the High Court of the Benue - Plateau State, holden at Jos, of culpable homicide punishable with death in that on or about 10th July, 1971, she intentionally killed Davou Boyi, a boy of about five years of age at Chaha Village and thereby committed an offence contrary to Section 220 and punishable under Section 221 of the Penal Code. She was sentenced to death. Her appeal to this Court against her conviction was on 26th May, 1972, dismissed. We now give our reasons for doing so.

The facts of the case as found by the learned trial Judge, (Wheeler, Ag. SPJ.), are not in dispute.The case of the prosecution is quite simple and straightforward. It is based on the confession by the appellant, reinforced by circumstantial evidence. Succinctly stated, it is this: the appellant deliberately stabbed and seriously wounded Davou Boyi with a knife in the stomach with the intention of killing him and …

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