Y. O. ADIO, J.S.C. (Delivering the Leading Judgment): The charge preferred against the appellant at the High Court, Bauchi State of Nigeria, was culpable homicide punishable with death contrary to section 221(b) of the Penal Code, Laws of Northern Nigeria, applicable in Bauchi State. The allegation against the appellant was that he, on the 2nd day of April, 1981, at Gadum of Dukku Local Government Area caused the death of one Idi Maiganga by stabbing him with a knife at the left side of his stomach with knowledge that death would be the probable consequence of his act.
The appellant pleaded not guilty to the charge. Seven witnesses gave evidence for the prosecution and the appellant testified in his own defence. The learned trial Judge, after due consideration of the evidence and the submissions of the learned counsel for the prosecution and the defence, delivered a reserved judgment in which he found the appellant guilty as charged. The appellant was accordingly convicted and sentenc…