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EDOZIE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Umuahia High Court in Charge No. HU/5C/87 delivered by Maranzu J. on 12th January, 1990. The four appellants, members of one family, are from 1st to the 4th, a son, a daughter, a mother and a father respectively of Kanu family of Umuokoroala Afugiri, Umuahia. They were charged on information for the offence of murder contrary to section 319(1) of the Criminal Code, Cap.30 Volume 2, Laws of Eastern Nigeria 1963 applicable in Imo State. The particular of offence alleged that on 22nd of November, 1986, at Umuokoroala Afugiri in the Umuahia Judicial Division they murdered one Vincent Nwosu, hereinafter referred to as the deceased.
The deceased, Vincent Nwosu, was the husband of the 2nd appellant, Urumma Nwosu on account of a matrimonial dispute between them, the 2nd appellant deserted her matrimonial home to live with her parents and brother, that is, the 4th, 3rd and 1st appellants. The deceased …