THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): The facts preceding this appeal are that on the 30th June, 2005, the Appellant was arraigned before the High Court of Katsina State sitting in Funtua for causing the death of one Alhaji Garba Na Muri on the 17th day of April, 2004 at about 3.00 pm at Kadde Wakataba Doka village in Fiskari Local Government Area; Katsina State, by cutting his head with an axe with the knowledge that death would be probable consequence of his act and thereby committed an offence punishable with death under section 221 of the Penal Code. He pleaded not guilty to the charge which was read over and explained to him. The charge proceeded to trial during which the prosecution called five witnesses while the defence presented three, including the Appellant himself. After the hearing and the addresses of Counsel for the parties, the trial Court evaluated the evidence and then found the Appellant guilty as charged, and sentenced him to death,…