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DOMINIC ALAPA v. THE STATE

(2016) JELR 42304 (CA)

Court of Appeal  •  CA/K/10/C/2008  •  3 Jun 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina State High Court in Charge No KHT/20C/2004 delivered by Honorable Justice Abdullahi Yusuf on the 12th of March, 2007. The Appellant was charged with culpable homicide punishable with death under Section 221, of the Penal Code of Katsina State. The Appellant was alleged to have caused the death of one Yohanna Dyeri on the 3rd of April, 2004 in Matazu Local Government Area of Katsina State by shooting him in the abdomen with a rifle with the knowledge that death would be the probable consequence of his act.

The Appellant pleaded Not Guilty and the matter proceeded to trial and in the course of which the Respondent called seven witnesses and tendered six exhibits in proof its case against the Appellant. The Appellant called three witnesses, including himself, to testify in his defence. At the conclusion of trial and after the final addresses of Counsel, the lower Co…

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