MOHAMMED LAWAL GARBA, JSC (Delivering the Leading Judgment): The Appellant was along with his brother; Ibrahim Yahaya, jointly charged with and convicted for the offences of conspiracy and culpable homicide not punishable with death contrary to the provisions of Sections 97 and 224 of the Penal Court Law, Kaduna State by the High Court of Kaduna State, sitting at Kaduna (trial court).
He was sentenced to three (3) months and Ten (10) years imprisonment without option of fines for the respective offences, like his brother; who was the 2nd accused person.
In brief, the Appellant and his brother were said to have caused the death of one Basiru A. Gambo by savagely beating him with a stick at Gegede Village, Kargi District of Anchau Local Government Area, Kaduna State on 22nd October, 2012.
Five (5) witnesses testified for the prosecution and three documentary Exhibits were tendered in order to prove the offences against the accused persons.
On his part, the Appellant gave evidence as DW3 i…