HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): The Appellant was charged before the lower Court under Section 221(b) of the Penal Code with one count of culpable homicide punishable with death and he was alleged to have caused the death of one Danjuma Mamman on or about the 20th day of February, 2006 at Yarbudu Village in Kurfi Local Government Area of Katsina State by stabbing him in the neck with a knife with knowledge that death would be the probable consequence of the act. The Appellant pleaded "Not Guilty" to the charge and the matter went to trial. The Respondent called six witnesses and tendered three exhibits in proof of its case while the Appellant called two witnesses in proof of his defence. At the conclusion of trial and of the final addresses of Counsel, the lower Court found the Appellant guilty on the count of culpable homicide punishable with death and sentenced him to death.
The Appellant was dissatisfied with the judgment and sequel to the o…