TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment): At the Kwara State High Court, holden at Ilorin, Coram I. B. Garba (J) the appellant herein (as an accused person) was charged with the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code on the 28th day of July, 2010. The charge against him reads thus:
"That you SEBO BELLO on or about the 24th day of December, 2006 at Bweru Fulani Camp via Yashikiri within the jurisdiction of this court committed culpable homicide punishable with death in causing the death of one Juliya Bio by cutting her on the neck with a cutlass and thereby committed an offence punishable under Section 221 of the penal Code."
The case for the prosecution as can be gleaned from the record of proceedings was that on or about the 24th day of December 2006 at Bweru Fulani Camp, the appellant caused the death of the deceased, his wife by cutting her neck at about 2.00am.
On that fateful day, the appellant was said to ha…