CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant herein was arraigned before the High Court of Kaduna State on a one-count charge of culpable homicide punishable with death contrary to Section 221 of the Penal Code Law of Kaduna State, 1991. It was alleged that on or about August 13th, 2013, the appellant had attacked one Musa Bello (the deceased) by hitting a pestle, twice on his head while he was asleep in his room, as a result of which he sustained injuries and subsequently died. The appellant pleaded not guilty to the charge.
At the trial, the Prosecution/respondent called four witnesses to prove its case, and tendered four exhibits in the course of trial. The appellant did not call any witness, but rested her case on that of the Prosecution/respondent.
The trial Court, by its judgment delivered on July 28th, 2016, found the appellant not guilty of the charge, and consequently discharged and acquitted the appellant.
Dissatisfied with that judgment, the resp…