NWOSU-IHEME, J.S.C.: (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, JosDivision Coram: Hon. Justice Tani Yusuf Hassan, Hon. Justice Mudashiru Nasir Oniyangi and Hon. Justice Boloukuromo Moses Ugo delivered on 20th July, 2020. That judgment upheld the earlier judgment of the trial court delivered by the Hon. Justice Y.G. Dakwak, Chief Judge of Plateau State delivered on 27th February, 2019.
Still dissatisfied with the verdict of the lower court, the appellant has approached this court for a review of the case.
Statement of Facts
The appellant was charged with the offence of culpable homicide punishable with death under section 221 of the Penal Code Law of Northern Nigeria, 1963 (as applicable to Plateau State).
At trial, the prosecution called two witnesses, PW1 and PW2 and tendered three exhibits marked as exhibits 1, 2A and 2B. exhibit 1 is the confessional statement of the appellant, while exhibit 2A is the stone used by the accused/appell…