AYO ADEGBITE V. THE STATE

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment): The Appellant in this appeal was arraigned on an information before the High Court of Ondo State, sitting in Akure, charged with the offence of murder contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 30, Vol. II Laws of Ondo State of Nigeria 1978. The particulars of the offence are that on or about the 7th day of November, 2009 at about 7.00 p.m along Ilu-Abo-Ajegunle Road, within the Akure Judicial Division did murder one Theophilus Afolabi by pouring acid on him. Appellant pleaded not guilty to the charge. During the trial that followed the plea of the Appellant, the prosecution called five witnesses and tendered various documents in evidence which were admitted and marked Exhibits A-O and R. The Appellant testified in person and called five other witnesses. At the end of the trial and in a considered judgment which was delivered on the 27th of February, 2013, Kolawole J found the Appellan…