T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): On 30th July, 1969, at Luwa, Bassa Borgho committed culpable homicide punishable with death by Shooting Takava with a dane gun. On 26th November,1970, he was convicted of culpable homicide punishable with death, contrary to section 221 of the Penal Code by Hague Ag. J., at the High Court, Maiduguri, North-Eastern State. He has appealed to this Court against sentence.
The facts can be briefly stated. On 29th July, 1969, the day previous to that of the murder, there had been community work at Jalva Wisso's farm for which the accused was given wine to share among the community workers. Takava would appear to have objected to the accused's sharing wine and to have beaten the accused three times on the head with a stick. The deceased then menaced the accused with a bow and arrow being one out of ten which the deceased had in his quiver. The accused said in his statement that he seized all the ten arrows and hid them in the fence of hi…