HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the judgment of M.A Folayan J. of the Kwara State High Court of justice Ilorin, in suit No: KWS/36c/2013 delivered on the 24th of September, 2014 wherein, Appellant was convicted of the three counts of murder, causing grievous hurt, and mischief by fire, and thereby sentenced to death by hanging, five years imprisonment with N100,000 fine, and ten years imprisonment and N100,000 fine respectively.
The material facts leading to the instant appeal are not in conflict. Apparently, the Appellant was tried, convicted, and sentenced by the lower Court on a three count charge which reads as follows:
Count One
That you Salihu Kareem on or about the 8th of September, 2012, at Oloko Tintin village via Banni, Kwara State within the jurisdiction of this Honourable Court, did commit culpable homicide punishable with death in that you caused the death of Alhaji Salimonu Kareem by stabbing him with a knife in the mout…