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BINTA ABDURAUF v. THE STATE

(2007) JELR 42152 (CA)

Court of Appeal  •  CA/K/293/C/2005  •  16 May 2007  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; OLUKAYODE ARIWOOLA JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Katsina State High Court of Justice in Suit No.KTH/23C/04 delivered on the 21st day of July, 2005 by Hon. Justice Abdullahi Yusuf of the Katsina State High Court who found the appellant guilty under section 222(7) of the Penal Code punishable under Section 225 of the Penal Code and sentenced the appellant to a term of twelve (12) years imprisonment without option of fine.

The appellant was arraigned before the trial court on a charge of culpable homicide punishable by death, the charge reads:

"That you Binta Abdura'uf (F) of Ahmadu Coomassie Housing Estate (popularly known as Dutsen safe Low-Cost) in Katsina, within the jurisdiction of this Honourable Court, on or about the 5th day of March, 2004 at the same address committed culpable homicide punishable by death by doing an act to wit: causing the death of one Binta Mamman of the same address by pouring on her a pot full of boil…

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