<p>MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellants in this appeal are brothers of the same parents. They were tried and convicted by Rowland J. (as he then was) of the High Court of Justice of Kano State sitting at Kano, of the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code and sentenced to death by hanging in a reserved judgment delivered on 10/4/92. The charge under which the appellants were tried at the lower court reads:&quot;</p><p> That you Ibrahim Khaleel and Abubakar Khaleel on 15th August, 1987 at about 03.00 hours at Gamatudu Quarters Kano within the Kano Judicial Division did commit culpable homicide punishable with death by doing an act to wit: pouring petrol on the person of one Dauda Abdullahi (now deceased), his wife and all over his room and thereafter throwing a lit match thereby setting him, his wife and the whole room on fire, whereof the said Dauda Abdullahi died days later in hospital while on admission as a result of…</p>