HABEEB ADEWALE OLUMUYIWA ABIRU, JCA (Delivering the Leading Judgment): The Appellants were arraigned before the Kaduna State High Court in Charge No.KDH/KAD/41C/2008 on a two count charge of conspiracy to commit an illegal act contrary to the provisions of Section 97 of the Penal Code Law of Kaduna State and of culpable homicide punishable with death contrary to the provisions of Section 221(b) of the Penal Code Law of Kaduna State. The Appellants were alleged to have on or about the 1st of February at Ancha Gida Village, Sanga Local Government Area of Kaduna State, conspired to beat and to have beaten one Mallam Makama Adamu to death by inflicting injuries to the head of the deceased with knowledge that death would be the probable consequence of their actions?.
The Appellants pleaded Not Guilty to the charge and the matter proceeded to trial and in the course of which the Respondent called five witnesses and tendered exhibits in the proof of its case and the Appellants called three wi…