<p><strong>AMIRU SANUSI, JSC (Delivering the leading : ):</strong> This appeal stems from the judgment of Lagos division of the Court of Appeal (lower court/court below) delivered on 3rd May 2013 which had discharged and acquitted the respondent who was earlier convicted by the Lagos State High Court (trial court) on the offence of murder, contrary to Section 319(1) of the Criminal Code Cap 17 Vol.2 of Lagos State 2003 and sentenced him to 14 years imprisonment.</p><p>The facts that gave rise to this appeal as revealed by the record of appeal are that the respondent was a sand loader and on the 1st day of July 2004, he had a dispute with the deceased one Wale Mogbojuri who threatened to kill him. The respondent and the deceased Wale, were working in the same place and on the 1st day of July 2004, the respondent and the deceased had a dispute and the deceased threatened to kill the respondent. To actualize his intention, the deceased used a plank and hit the respondent on the head which resulted into profu…</p>