OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is in respect of a criminal matter. The Appellant Haruna Hudu was charged with the offence of culpable homicide punishable with death. The charge sheet reads:-
That you Haruna Hudu m of Chiyako Village, Birnin Kudu Local Government Jigawa State on or about 1800hrs at Chiyako Village Birnin Kudu Local Government Area of Jigawa State within the Jigawa Judicial Division caused the death of one Abdu Sani by hitting him with a stick on his head with knowledge that death will be the probable consequence of your act and you thereby committed an offence of culpable homicide punishable with death under Section 221(b) of the Penal Code Cap. P3 Laws of Jigawa State, 2012."
The Appellant pleaded not guilty to the charge. The learned trial judge Ahmed Muhammed J., after hearing from six prosecution witnesses, 3 defence witnesses that included the Appellant and considering the three Exhibits tendered and admitted in e…