R.D. MUHAMMAD, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Borno State High Court holden at Maiduguri presided by Ogunbiyi J., (as he then was) in Charge No. M/3C/89. The appellant was charged with the offence of culpable homicide punishable with death. The charge reads:
"That you Gambo Musa on or about 25th day of July, 1988 at Gwange II Primary School in Gwange Ward in Maiduguri Metropolitan Area did commit culpable homicide punishable with death in that you caused the death of Umar Alhaji Idrisa by doing an act to wit, you brought out a knife and stabbed Umar Alhaji Idrisa on the chest when you knew or had reason to know that death was the probable and not only a likely consequence of your act and thereby committed an offence punishable under section 221(b) of the Code."
To prove their case the prosecution called five witnesses and tendered three exhibits. The appellant testified on his own behalf. In a well considered judgment, the trial co…