AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): At the Katsina State High Court of justice in charge No. KTH/32C/2012 dated 29th October, 2012, the Appellant as the accused person was charged on a one count charge of the offence of Culpable Homicide punishable under Section 221 of the Penal Code, in that the Appellant on or about the 19th day of April, 2012 at Abukur Village, Rimi Local Government Area of Katsina State, hit one Suleiman Abubakar with a hoe blade on his stomach which resulted to his death. With the knowledge that death would be the probable consequence of this act.
The brief facts of the case are that the deceased Suleiman Abubakar was on the fateful night of 19/4/2014 at about 8:00 PM in the company of his friend one Abubakar Umar, on their way to Mandiri behind Abukur township mosque, when chased and attacked by someone whom both the deceased and Abubakar Umar (PW2) identified to be the Appellant. The deceased was struck and injured with an iron rod, on h…