D. A. R. Alexander, C.J.N. (Delivering the Leading Judgment): The four above-named appellants were tried in the High Court of the former North-Western State holden at Sokoto before Uthman Mohammed, Acting Judge, on a charge of culpable homicide punishable with death under Section 221(b) of the Penal Code. The particulars of the offence were that on or about the 10th day of June, 1973 in a farm at Wadaya Village of Gwadabawa District within the North-Western Judicial Division they committed culpable homicide punishable with death by causing the death of Alhaji Tudu by beating him with axes and sticks with the knowledge that his death would be the probable consequence of their acts.
The learned trial Judge found the 1st appellant Isa Mamman, the 3rd appellant Ahmadu Dan-Alu, and the 4th appellant Mamman Dan Mai-Karfi, guilty of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code and convicted them accordingly and sentenced them to death. He further found…