ONU, J.S.C.(Delivering the Leading Judgment): The appeal herein is sequel to the trial and conviction of the appellant by the High Court of Bauchi State sitting in Bauchi (per Ike Okoye, J.) on 16th September, 1986 for the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code. The facts of the case are briefly that on the 14th day of February, 1985 at Kumo in Bauchi State, the appellant then walking on a road in company of other Fulanis, at about 10.30 p.m., had an altercation with the deceased, police constable Sabaru Garba, then in company of one Aishatu Alhassan. That the appellant stabbed him (the deceased) after both men engaged in a struggle and in the ensuing fight with a knife to his stomach, knowing that death would be the probable consequence of his act. The prosecution called seven witnesses in all while the appellant testified and called one witness for the defence. The trial court, in a well considered judgment, convicted and sentenc…