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A. B. WALI, J.S.C. (Delivering the Leading Judgment): The appellant, Dare Kada was tried in the High Court of Justice, Minna, Niger State, on the following charge:
"That you on or about the 5th day of June, 1983, at Akare Village near Zungeru within the Niger Judicial Division, did commit culpable homicide punishable with death in that you caused the death of KADUNA MAGAJI by striking him on the head with a cutlass with the knowledge that his death would be the probable consequence of your act and thereby committed an offence punishable under section 221(b) of the Penal Code."
He pleaded not guilty and the prosecution called nine witnesses to prove the charge. The appellant gave evidence and also called one other witness in his defence. The learned trial Judge, after reviewing the evidence adduced before him, found the appellant guilty of culpable homicide under section 221 (b) of the Penal Code as charge and sentenced him to death. He appealed to the Court of Appeal,
Kaduna Division …