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…

ESSEYIN V. STATE

ESSEYIN
V.
STATE