UDO UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Western State Court of Appeal wherein the appeal of the appellant against his conviction by the High Court of the Western State was dismissed. The appellant was convicted by Ogunkeye, J., in Oshogbo of the murder of one Kelani Adejimi and sentenced to death.
The case of the prosecution was briefly that in the morning of 22nd November, 1969, on her way returning from church, Esther Ojuolape (P.W.1) saw the appellant driving a number of cows along the Ogbomosho-Oshogbo road towards the direction of Oshogbo. Kelani Adejimi was then walking along the road in the opposite direction. When the appellant and Kelani Adejimi met along the road a fight broke out between them near Aserawo village. The appellant succeeded in knocking Kelani Adejimi down on the ground. Thereafter the appellant moved away from the scene leaving Kelani Adejimi lying on the spot from where he never got up again alive. In…