AUGUSTINE DURU V. STATE

WALI, J.S.C (Delivering the Leading Judgment): The appellant was at the High Court of Owerri Judicial Division of Imo State of Nigeria convicted and sentenced to death for the murder of Ignatius Duru, contrary to section 319 (1) of the Criminal Code. The facts of the prosecution's case which was accepted by the learned trial Judge are as narrated by P.W.1 in her evidence. P.W.1 is the mother of both the appellant and the deceased. She testified before the trial court as follows-

"My name is Elizabeth Duru. I live at Umuobasi Ikembara. I am a house wife. I know the accused person. The accused is my son. I know Ignatius Duru. He was also my son. He is now deceased. Before my husband died during the Civil War, he showed me a piece of farmland which the accused wanted to take away from me after my husband's death. One day about 3 years ago, the accused pursued me with his gun and I ran into the deceased's house. He pursued me in his effort to take the said farmland from me. The deceased …