JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Abuja Division, delivered on 20th, October, 2010, which dismissed the appellant's appeal against his conviction by the Abejukolo High Court of Kogi State wherein he was found guilty of culpable homicide not punishable with death under Section 224 of the penal code and sentenced to ten years imprisonment. A synopsis of the facts giving birth to this appeal will suffice.
As can be gleaned from the record of appeal, particularly the evidence of the witnesses who testified at the trial, on Sunday the 15th day of July, 2007, a lingering land boundary dispute between the mother of the appellant and mother of the deceased re-occurred. The village/ward head of the area called the "Gago" was invited by the appellant's mother to come and once more demarcate the correct boundary between the two family/neighbours. In the process of the demarcation, altercations erupted betwee…