ZAHARADEEN JUNAIDU V. THE STATE

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of appeal (lower Court) sitting in the Kaduna Division of the Court of appeal (Coram: Isaiah O. Akeju, H.A.O. Abiru and O. A. Adefope-Okojie, JJCA.,) delivered on the 4th December, 2015 affirming the conviction and sentence of the Respondent passed by the High Court of Justice, Katsina State presided over by Hon. Justice Sanusi Tukur delivered on the 30th May, 2014 in suit No. KTH/8C/2012.

The facts that led to this appeal are as follows:

The Appellant was charged vide an amended CHARGE NO: KTH/8C/2012 dated 9th April, 2014. The Appellant was accused of causing the death of his wife Rukayya Zaharaddeen by hitting her on the chest with an axe with the knowledge that death would be the probable consequences of his act. He was charged with committing the offence under Section 221 of the Penal Code Law, Cap. 96, Laws of Katsina State, 1991.

The trial commenced before Hon.…