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Isiaku Lalluwa Auta v. The State

(1975) JELR 33326 (SC)

Supreme Court  •  SC.408/74  •  11 Apr 1975  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): At the Kaduna High Court, the accused, now appellant, pleaded not guilty to two offences preferred against him under sections 221 and 247 of the Penal Code of the Northern States of Nigeria. In the first count he was charged under section 221 with culpable homicide punishable with death. The particulars of the first count state that he intentionally caused the death of one Yusufu Jafaru by hitting him with a stick. In the second count, he was charged with voluntarily causing grievous hurt to the said Yusufu Jafaru.

After considering the evidence led by the prosecution and the defence put forward by the accused, the learned trial judge found the accused guilty of culpable homicide punishable with death as charged and convicted him accordingly. He, however, found him not guilty of voluntarily causing grievous hurt and acquitted and discharged him of that offence.

At the hearing of the appeal against his conviction on the firs…

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