Before Their Lordships
FRIDAY, 31ST MAY 2019
MUSA DATTIJO MUHAMMAD, J.S.C.
KUMAI BAYANG AKA’AHS, J.S.C.
JOHN INYANG OKORO, J.S.C.
SIDI DAUDA BAGE, J.S.C.
UWANI MUSA ABBA AJI, J.S.C.
BETWEEN
MUSA HAMZA
AND
THE STATE
…………………….A…………………….
OKORO, J.S.C. (The Lead Judgment): The appellant herein was arraigned before the Katsina State High Court in charge No. KTH/32C/2D12 dated 29th October, 2012 on a one count charge of the offence of culpable homicide punishable under section 221 of the Penal Code in that he, on or about the 19th day of April, 2012 at Abukar Village, Rimi Local Government Area of Katsina State, hit one Suleiman Abubakar with a hoe blade on his stomach which resulted in his death. A summary of the facts leading to this appeal will suffice.
On 19th April, 2012, at about 8.00pm, the deceased, Suleiman Abubakar was in the company of his friend one Abubakar Umar on their way to Mandiri, behind Abukar township mosque, when chased and attacked by someone whom both the deceased and Abubakar Umar (PW2) identified to be the appellant. The deceased was struckand injured with an iron rod on his stomach which caused him pains and he fell ill. He was subsequently taken to Abukar dispensary for medication from where he was referred to Federal Medical Centre, Katsina where his chest and stomach were X-rayed. He was again referred to General Hospital Katsina where he was operated upon. This could not save him as he died subsequently. The appellant was arrested and arraigned on a charge of culpable homicide punishable under section 221 of the Penal Code.
At the trial of the case, the appellant pleaded not guilty to the charge. The respondent as the prosecution, called three witnesses and tendered two exhibits i.e. exhibits A and A1, the appellant’s statements to the police which were so admitted after a trial within trial. The medical and post mortem reports were rejected and marked accordingly.
In his defence, the appellant denied the charge, testified in his defence and called one witness. After the close of the defence and adoption of written addresses, the learned trial Judge, in a considered judgment delivered on 31st March, 2014, found the appellant guilty, convicted and sentenced him to death by hanging.
