BRETT, J.S.C.
(Delivering the judgment of the Court)
The appellants were tried in the Court of the Shehu of Bomu and convicted of culpable homicide punishable with death, the offence being described as one contrary to section 221 (a) of the Penal Code. The High Court dismissed their appeal, but substituted a conviction under section 221 (b) of the Code, and they appealed to this Court. There was ample evidence to warrant the trial court’s findings of fact, which were that the appellants waylaid a party of three adults and one young girl who were returning home from the Boro Kiji market, with intent to rob them; that in furtherance of this intent each of them shot arrows from his bow in the direction of the victims, that an arrow struck Bello in the stomach, penetrating too far to be drawn out, and that Bello died of the wound soon after reaching home. The appellants were tracked to their own homes, and some of the stolen property was found at Njobdi Fulanis house; each of them confessed…