MUSA ZUBAIRU V. THE STATE

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): Appellant was the third of four persons charged with the offence of culpable homicide punishable with death, an offence punishable under Section 221 of the Penal Code. The charge was brought before the Katsina Judicial Division of the High Court of Katsina State on 5th November, 2002.

The chain of events leading to the charge started on the 7th day of April, 2002. The alleged deceased, Murtala Mohammed, was alleged to have had a misunderstanding with the 1st to the 3rd accused persons who beat him up and inflicted injuries on him. It was alleged that as he was being beaten by the 1st to 3rd accused, the deceased said he would break the windscreen of the car belonging to the 4th accused, the father of the 1st to 3rd accused. It was discovered in the morning of the following day, 8th April, 2002, that the windscreen of the said car was broken.

On getting the report of the damage to his car, the 4th accused sent the other ac…