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TUKUR SALEH v. THE STATE

(2018) JELR 38316 (SC)

Supreme Court  •  SC.645/2015  •  14 Dec 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC; SIDI DAUDA BAGE JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division, delivered on the 19th March 2015 affirming the decision of the Jigawa State High Court dated 4th July 2013 convicting the appellant of the offence of culpable homicide not punishable with death and sentencing him to seven years imprisonment. The former Court will hereinafter be referred to as the lower Court and the latter as the trial Court.

The appellant was arraigned at the trial Court for knowingly causing the death of one Idi Musa by hitting him with a stick on the head being an offence under Section 221 (b) of the Penal Code Law. The prosecution called and relied on two witnesses to prove its case while the appellant gave evidence for himself with no other witness testifying in his defence. At the end of trial, including addresses of counsel, the trial judge convicted and sentenced the appellant under Section 224 of the Penal Code Law of…

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