Appellant and deceased iked the same lady named jumai whom had shown preference for the deceased. That preference ignited hate between the two men leading to a situation whereupon on or about the 5th day of July, 1981, the appellant killed the deceased by stabbing him and smashing his (deceased) head to pieces.

Investigations revealed that there was a fight between the appellant and the deceased that led to the death of the deceased. Appellant was arrested and confessional statements were made by him. He was charged under S. 221 of the Penal Code, with culpable homicide punishable with death.

Appellant at trial denied ever making the confessional statements and raised up the defence of self-defence and provocation which are provided for under section 222(2) and (4) of the Penal Code.