ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Niger State in suit no: NSHC/KG/2C/2019 delivered on the 19th November, 2020, wherein the appellant was convicted for the offence of Culpable Homicide punishable with death contrary to Section 221 of the Penal Code Law, Cap 94, Laws of Niger State, 1989 (as revised).
A brief statement of the facts of this case are as follows:
On the 9th of December, 2017, the appellant was alleged to have killed his wife, Auta Tanko and was thereafter arrested, charged and arraigned before the Niger State High Court for the offence of Culpable Homicide punishable with death contrary to Section 221 of the Penal Code Law, Cap 94, Laws of Niger State, 1989. The appellant pleaded not guilty to the charge.
The prosecution called a total of three (3) witnesses while the appellant was the sole witness who testified in his defence. Following the close of the case by both parties and the a…