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ALIYU NMODU v. THE STATE

(1972) JELR 41018 (SC)

Supreme Court  •  SC.334/71  •  27 Apr 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, AG. J.S.C. (Delivering the Leading Judgment): The appellant who was the accused in charge No. KWS/11C/71, was arraigned before the Ilorin High Court on a charge of Culpable Homicide contrary to Section 221 (b) of the Penal Code. He was tried and convicted by Adesiyun, J., and sentenced to death on 29th October, 1971. He appealed to this court against his conviction. The appeal was heard on the 5th of April, 1972, and was dismissed.

The facts which were established before the learned trial Judge were as follows: the 1st prosecution witness, one Baba Dumagi visited Shesitagi on 8/2/71 which was the second day of the Sallah; he found on arrival at the premises of the deceased, one Nnawo Audu, that she was being beaten by the accused; she Nnawo Audu (later deceased), was bleeding from the nose and the mouth as a result of the beating. The accused then pushed the deceased to the ground, and placed a stone on her chest and a mortar on her abdomen. He then pressed the stone o…

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