KAWU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal which affirmed the conviction of the appellant and the sentence of death passed on him on the 1st day of February, 1977 by Ayorinde J, sitting at Ibadan in the Ibadan Judicial Division of Oyo State for the murder of one Adeola Sallrnonu, also known as Adeola Abeje.
The facts of the case were not in dispute and these were contained in the evidence of 2PW who was the deceased's landlord at the time. The relevant portion of 2PW's testimony is as follows:-
"On the 16th June, 19771 went to bed at about 10.00 p.m. About 12 midnight, a noise woke me up. It was one Adeola Abeje otherwise known as Adeola Salimanu, who was making the noise. She was crying 'save me' 'save me' from the first room on the right of my house where she was sleeping. I rose from the bed and ran to the direction of where Adeola Salimonu was. The door of Adeola Salimonu's room was shut. I pushed the door open wit…