ODU
V.
STATE

MUHAMMED, JSC (Delivering the Lead Judgment): On 15th February, 2001, this court heard the 1st and 2nd appellants’ appeal from the judgment of the Court of Appeal, Benin Division, dismissing their appeals from the decision of the High Court, Edo State. After reading the respective briefs of counsel for the appellants and the respondent and listening to the oral arguments in elaboration of points made in those briefs, this court dismissed the appeals of the appellants and announced that reasons would be given later. The following are my reasons: Before I go into the details of this judgment, it is pertinent to set down, rather briefly, the facts of this case. The 1st and 2nd appellants had seized the cap and wrist-watch of Gregory Iyonmane, the deceased. On 12th of June, 1994, whilst PW1 and the brother of the deceased, (PW4) were playing football on Ivbiotor Primary School ground, their attention was drawn to an incident where the deceased was trying to retrieve his cap and wrist-wa…