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TURAKI v. THE STATE

(1994) JELR 43345 (CA)

Court of Appeal  •  CA/J/2/65/91  •  12 Dec 1994  •  Nigeria

Coram
DAHIRU MUSDAPHER JCA; OBINNAYA ANUNOBI OKEZIE JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

OKEZIE, J.C.A. (Delivering the Leading Judgment): The appellant was arraigned before the Bauchi State High Court on a one count charge with the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code. The victim of the charge was one Joshua Iwule. At the end of the trial, the learned trial Judge in his judgment found the appellant not guilty of culpable homicide punishable with death and accordingly acquitted him.

But the court in exercise of its powers under Section 217 of the Criminal Procedure Code convicted the appellant for a lesser offence of culpable homicide not punishable with death under Section 220(c) of the Penal Code, namely "doing a rash or negligent act" and sentenced him to five years imprisonment with effect from 7/9/88.

The three grounds of appeal filed by the appellants are as follows:

1. The decision of the trial court is against the evidence.

2. The trial court misdirected itself when it held: "It is clear from the evidence be…

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