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OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Ibadan Division of the Court of Appeal, herein after referred to as Court below, delivered on the 7th day of June, 2011 which affirmed the conviction and sentence of the Appellant by the Ogun State High Court, sitting in Ijebu-Igbo given on 15th December, 1999.
The Appellant had been charged with the offence of murder of one Mufutau Amusa on or about the 23rd day of August, 1997 at No.22 Idesan Street, Oke-Agbo, Ijebu-Igbo, in Ijebu-Igbo Judicial Division, contrary to Section 319(1) of the Criminal Code Law, Cap 29, Laws of Ogun State of Nigeria, 1978.
Upon arraignment, the Appellant pleaded not guilty to the charge, and the case proceeded to hearing. To prove its case, the Prosecution called six witnesses while the Appellant testified in defence and called one witness. The case of the Prosecution goes thus:
At about 9.30pm on 23/8/1997 in front of his house, the deceased tried to iā¦