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ABDULRASHEED HALLIRU v. THE STATE

(2016) JELR 41507 (CA)

Court of Appeal  •  CA/K/393/C/2014  •  16 Jun 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Kano State High Court in Charge No K/131C/2011 delivered by Honorable Justice Yusuf Ubale Mohammed on the 26th of June, 2014. The Appellant was arraigned before the lower Court on a one count charge of culpable homicide punishable with death under Section 221 of the Penal Code Law of Kano State. The Appellant was alleged to have caused the death of one Hajiya Hauwa on the 15th of June, 2010 in Bachirawa Quarters, Kano by stabbing her with a knife in the stomach with the knowledge that death would be the probable consequence of the act.

The Appellant pleaded Not Guilty and the matter proceeded to trial and in the course of which the Respondent called three witnesses and tendered exhibits in proof of its case against the Appellant. The Appellant testified as the sole defence in his defence. At the conclusion of trial and after the final addresses of Counsel, the lower Cour…

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