ESSEYIN
V.
STATE

(2018) JELR 39096 (SC)    

Supreme Court  ·  SC.371/2017 ·  18 May 2018 ·  Nigeria
 · 
Other Citations
Esseyin v. State (2018) 14 NWLR (Pt. 1640) 491
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
death
evidence
circumstantial evidence
lower court
culpable homicide
kogi state
reasonable doubt
court of appeal
penal code
accused person
high court of justice
lead judgment
learned justices of the court of appeal abuja
offence of culpable homicide
findings of the trial
abuja division
briefs of argument
decision of the court of appeal
exhibit d
grievous bodily harm
guilt of the accused person
high court of kogi state
last person
record of this appeal
alleged act
alleged confessional statement
burden of proof
cautionary statement of the appellant
content of the said exhibit d
counts charge of rape
deceased set
direct prove
discharge acquittal of the appellant
end of the trial
evidence of last seen
evidence of the prosecution
facts of this case
finding of the trial
following items
instant appeal
leading judgment
mr. a. o. suleiman
mr. j. o adele
respect of the second count of culpable homicide
respondent establishment of circumstantial evidence
special circumstance
such responsibility

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant herein was arraigned before the High Court of Kogi State, holden at Lokoja, on a two counts charge of rape and culpable homicide punishable with death under Sections 283 and 221 (a) of the Penal Code respectively.

In order to prove its case, the prosecution called four witnesses and tendered in evidence the following items:-

1. Pictures taken at the scene of crime

2. Negatives of the Pictures

3. Coroner Form including medical report

4. Cautionary statement of the Appellant

These items were admitted in evidence and marked Exhibits A,B,C and D respectively.

At the end of the trial and in a reserved and considered judgment delivered on the 19th December, 2013; the appellant was acquitted and discharged from the first count of rape, but was found guilty in respect of the second count of culpable homicide punishable with death under Section 221(a) of the Penal Code and he was accordingly convicted and sentenced to death b…

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