ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Itua J. of the Edo State High Court sitting in Benin City which was delivered on the 5th August, 2004 in Suit No. B/9C/99 - THE STATE V. FRANK UWAGBOE wherein the accused person was charged with, tried, convicted and sentenced to death on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Law Cap 48 Vol. II Laws of Bendel State of Nigeria 1976 applicable to Edo State: The prosecution's case was that on the 4th April 1994 the accused unlawfully murdered one Asia Uwagboe at Erua village Ehor in the Benin Judicial Division over an allegation that the accused had stolen a missing sum of N60.00. The prosecution had alleged that the accused with the aid of a cutlass inflicted severe injury on the deceased, nearly completely cutting off the right hand of the deceased which act caused the death of the deceased. The accused denied this allegation and relied on the defence of a…