HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Gombe State delivered by Honorable Justice Saadu Mohammed in Suit No GM/27C/2005 on the 22nd of November 2010. The Appellant was arraigned before the lower Court for culpable homicide punishable with death under Section 221 of the Penal Code. The Appellant was alleged to have, on or about the 1st of September, 2004 at the Mobile Police Force Barracks in Kwami Village along Gombe-Dukku Road, caused the death of one Barrister Mado Sule Yaro by shooting him on the head with a FNC Rifle with the knowledge that death would be a probable consequence.
The Appellant pleaded Not Guilty and the matter proceeded to trial and in the course of which the Respondent called eight witnesses and tendered seven exhibits in proof of its case while the Appellant testified as the sole witness in his defence. At the conclusion of trial and after the rendering of final addresses by…