(1997) JELR 45491 (CA)    

Court of Appeal  ·  CA/K/121C/96 ·  15 May 1997 ·  Nigeria
Other Citations
Khaleel v. State (1997) 8 NWLR (Pt.516)
Khaleel v. State (1997) 8 NWLR (Pt. 516) 237
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
wife pw2
high court of justice of kano state
learned trial judge
sufficient legal evidence
brother pw3
lower court
casual friend of the 1st appellant
evidence of pw2
mother pw4
open window of the deceased
only evidence
former girl friend of the 1st appellant
deceased dauda abdullahi
reasonable doubt
cross examination
evidence of pw3
accused persons
submission of the learned counsel
said dauda abdullahi
quality of circumstantial evidence
evidence of pw4
number of cases
result of the severe fire burns
question of onus of proof
offence of culpable homicide
direct evidence
statements of the appellants
circumstantial evidence
first accused
fire incident
particular point
present case
penal code
criminal trial
learned dpp
notice of appeal
record shows
date saw
children of other people
instant case
omission of the accused
gwagwarwa police station
1st appellant
director of public prosecution kano state
second issue

MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellants in this appeal are brothers of the same parents. They were tried and convicted by Rowland J. (as he then was) of the High Court of Justice of Kano State sitting at Kano, of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code and sentenced to death by hanging in a reserved judgment delivered on 10/4/92. The charge under which the appellants were tried at the lower court reads:"

That you Ibrahim Khaleel and Abubakar Khaleel on 15th August, 1987 at about 03.00 hours at Gamatudu Quarters Kano within the Kano Judicial Division did commit culpable homicide punishable with death by doing an act to wit: pouring petrol on the person of one Dauda Abdullahi (now deceased), his wife and all over his room and thereafter throwing a lit match thereby setting him, his wife and the whole room on fire, whereof the said Dauda Abdullahi died days later in hospital while on admission as a result of…

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