ISTIFANUS THOMAS, JCA (Delivering the Leading Judgment): This is a criminal appeal against the judgment of Imo State High Court, Coram P. C. Onumajulu, J, now the Chief Judge delivered on 17th November 1997 convicting the appellant for an offence of murder of one Obediah Ofoegbu on 14th October, 1987.
The brief facts of the case are that the deceased in his lifetime, was the bellman of his church at Umuoloche Umulolo Okigwe, Imo State. On early hours of 13-10-87, he went to that church which was close to his compound to ring the bell for morning prayers; and after ringing the bell, there was sound of a gunshot and the deceased raised his voice saying "Anthony Okoro (appellant) has shot me." This statement is credited to the evidence of PW1 being the wife of the deceased who by then was still in bed at the material time, but she recognized the voice as that of her husband. On hearing that, she rushed to the scene where she saw her husband stooping and holding his neck, which was bleedi…