CHUNGWOM KIM V. STATE

P. NNAEMEKA-AGU, JSC (DELIVERING THE LEADING JUDGMENT): In a Jos High Court presided over by Emefo, J., the appellant was charged with an offence of culpable homicide punishable with death. 

The charge as amended read as follows: "That you Chungwom Kim, on or about the 5th day of July, 1981 at Patikko Village did commit culpable homicide punishable with death in that you caused the death of Chibi Nyana by beating him and stabbing him with a knife with the knowledge that his death will be the probable consequence of your act and thereby committed an offence punishable under section 221 of the Penal Code."

He pleaded not guilty to the charge. The prosecution called six witnesses and the appellant testified on his own behalf but called no witness.

There was no eye witness to the incident which led to the death of the deceased. But the prosecution relied heavily on three confessional statements made by the appellant to the police before the trial began and which were tendered as Exhs.A (in H…