SAKA ADEYEMI IBIYEYE, JCA (Delivering the Leading Judgment): The accused person now the appellant in this appeal was arraigned on a one count charge of murder under S.319 of the Criminal Code Law Cap 48 Vol. II Laws of the defunct Bendel State of Nigeria 1976 applicable to Delta State before the Effurun Judicial Division of the Delta State High Court of Justice. The appellant pleaded not guilty to the charge.
The State as the prosecuting party in an attempt to sustain the charge called four witnesses while the accused person, in defence, testified in her own behalf without calling any witness.
It is pertinent to point out that none of the prosecuting witnesses gave an eye witness account of the incident which led to the injury on the head of the deceased on 21/5/2002 which eventually led to his death on 29/5/2002. The PW4 who is a medical officer gave a graphic account of the post mortem examination which he carried out on the corpse of the deceased.
Significantly, the PW4 stated th…