(2018) JELR 38975 (CA)    

Court of Appeal  ·  CA/K/545/C/2017 ·  27 Apr 2018 ·  Nigeria
OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
accused person
broken bottle
nwlr part
lower court
penal code
cross examination
medical report
trial judge
appellate court
cause of death
rabiu sirajo
reasonable doubt
statement of the respondent
trial court
2nd issue
circumstantial evidence
culpable homicide
medical evidence
post-mortem report
rabiu surajo
chief state counsel
evidence act
para g-h
prosecutions case
appellants brief of arguments
circumstances of the case
conclusion of trial
confessional statement of the accused
courts determination
deceased scream
evidence of an eye witness
eye witness evidence
given situation
high court of katsina state
katsina state
mention of the use of any broken bottle
para d-f.
para f-g.
respondent of the charge
respondents counsel
said rabiu surajo run
separate physical fight
such death
took place
trial judges statement of his satisfaction
view of the evidence of the prosecutor
younger brother

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): The facts leading to the appeal before this Court, are that the Respondent was arraigned before the High Court of Katsina State, Funtua Judicial Division, on the 27th June 2012 for a charge of committing:

culpable homicide punishable with death by doing an act, to wit: stabbing Rabiu Sirajo of the same address with a broken bottle on his stomach, with the knowledge that death would be the probable consequence of your (sic) act and thereby committed an offence punishable under Section 221 of the Penal Code.

At the hearing, three witnesses testified for the prosecution, with the investigator tendering the statement of the Respondent in Hausa and its English translation as Exhibits A and A1 respectively, following a trial within a trial. The Respondent was the sole witness in his defence, denying having committed the offence. At the conclusion of trial, the case was adjourned for judgment, with liberty to the defenc…

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