GAROS BWASHI V. THE STATE

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The appellant, Garos Bwashi, was convicted in the High Court of the Benue - Plateau State, holden at Jos, of culpable homicide punishable with death in that on or about 10th July, 1971, she intentionally killed Davou Boyi, a boy of about five years of age at Chaha Village and thereby committed an offence contrary to Section 220 and punishable under Section 221 of the Penal Code. She was sentenced to death. Her appeal to this Court against her conviction was on 26th May, 1972, dismissed. We now give our reasons for doing so.

The facts of the case as found by the learned trial Judge, (Wheeler, Ag. SPJ.), are not in dispute.The case of the prosecution is quite simple and straightforward. It is based on the confession by the appellant, reinforced by circumstantial evidence. Succinctly stated, it is this: the appellant deliberately stabbed and seriously wounded Davou Boyi with a knife in the stomach with the intention of killing him and …