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ADUDU YALWA & ORS v.THE STATE

(1970) JELR 41984 (SC)

Supreme Court  •  SC.139/70  •  25 Sep 1970  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

ADEMOLA, C.J.N. (Delivering the Judgment of the Court)- The three appellants were on the 8th day of May, 1970 in the High Court of Kano State convicted of culpable homicide punishable with death contra to section 221 of the Penal Code, and sentenced to death. They have appealed to this Court against their convictions. The man who was killed by the appellants was a thief who stole from a house and was chased by one Idirisu Kato (1st witness for the prosecution) whose mother's goods had been stolen. The thief (the deceased) turned upon Idirisu, attacked him with a knife and gave him three cuts. Idirisu shouted for help and fell down. The deceased continued to attack him with the knife when the three appellants ran to the spot. The deceased took to his heels but 1st and 3rd appellants chased and caught him. The 2nd appellant stayed behind to attend to Idirisu who was mortally wounded. He managed to carry the wounded man to his house and later went to join the other two who were at that t…

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