LEWIS, J.S.C. (Delivering the Leading Judgment ): On the 16th November, 1970, we dismissed this appeal from a conviction of culpable homicide punishable with death contrary to section 221 of the Penal Code by Bate, S.P.J., on the 4th June, 1970, in the High Court of Benue Plateau State sitting at Jos in Charge No. JD/IC/70 and we now give our reasons for so doing.
The learned trial Judge carefully considered the evidence before him and accepted that the evidence of the prosecution witnesses established that on the 9th November, 1969, the accused in Jos killed a boy Isiaku aged about 12 years with a sword. The mother (2nd P.W.) of the deceased was one such witness and she said that she saw the accused run upstairs with a sword in his hand to her apartment where her son Isiaku was and later saw the accused running down and she went to the apartment and found her son dead from a bleeding wound. Laruba (3rd P.W.) who lived in the same compound was another witness whose evidence was accept…