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(2021) JELR 109306 (CA)

Court of Appeal  •  CA/K/84/C/2020  •  10 Feb 2021  •  Nigeria

Obietonbara O. Daniel-Kalio, JCA Saidu Tanko Hussaini, JCA Oludotun Adebola Adefope-Okojie, JCA


SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Katsina delivered on the 19th November, 2012 vide Suit No. KTH/DM/3C/2009 by which the Appellant was charged, tried and convicted of the offence of Culpable Homicide punishable under Section 221 of the Penal Code.

The charge proffered against the Appellant has it that himself on or about the 19th June, 2008 at Gadewa village did commit Culpable Homicide punishable with death, “in that you caused the death of one Sule Jafaru by hitting him with an axe on his chest and right hand with the knowledge that his death would be probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code.”

At the commencement of trial, when the lone count or charge was read over and explained, the Appellant entered a plea of “not guilty.” The Prosecution, expectedly opened his case, called evidence of witnesses, four (4) of them in number an…

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