HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina State High Court in Charge No KHT/DM /21C/2009 delivered by Honorable Justice I. B. Ahmed on the 28th of June, 2013. The Appellant was charged with culpable homicide punishable with death under Section 227 of the Penal Code of Katsina State. The Appellant was alleged to have caused the death of one Abu Sufiyanu Hamisu on the 21st of July, 2007 in Waleru Village in Dutsinma Local Government Area of Katsina State by hitting him with a stick on the head with the knowledge that death would be the probable consequence of his act.
The Appellant pleaded Not Guilty and the matter proceeded to trial and in the course of which the Respondent called six witnesses and tendered four exhibits - a medical report of death, the English and Hausa versions of the statements made by the Appellant at Dutsinma Police Station and at State Criminal Investigation Department and two stick…