KAVUWA TAKIDA V. THE STATE

COKER JSC.

This is an appeal from the judgment of Bate, J., (High Court Mubi, North Eastern State). The appellant was convicted of culpable homicide punishable with death under section 221 of the Penal Code. He was charged with killing one Hahida Maskata by stabbing him with a knife on the chest. One Tukuya Mbede who claimed to be an eye-witness of the assault on the deceased testified at the trial of the appellant, inter alia as follows:- “I know Wasa Tarkida and Idama. They were also present. Brahim and Hahida Maskata began to fight; struck each other with hand. I saw Hahida knock Brahim down; then others joined in. Wasa joined in. Then accused stabbed Hahida with knife in chest. Accused ran away and threw knife behind lavatory. Hahida fell down. He did not get up again. I looked at him but was afraid and ran away. Hahida had been fighting with Brahim, and Wasa. During the fight accused was sitting drinking. Brahim is accused’s brother.Hahida does not live in same house as they.”

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