CaseLaw
State V. Danjummai (1996) CLR 7(g) (CA)
Judgement delivered on July, 16th 1996
Brief
Facts
This is a criminal appeal against the decision of a Kaduna State High Court (lower court) presided over by Jafaru, J. The learned trial Judge discharged and acquitted the respondent on the offence of culpable homicide punishable with death under section 221(b) of the Penal Code. The facts of the case as disclosed by the evidence on record are that on the 8ih day of December, 1993 at Sayajida Street, Kaduna, between the hours of 0800 - 0900 p.m., the respondent was alleged to have caused the death of one Abubakar Danladi (alias 'Wawu) by stabbing him several times on his body with a knife. A charge to that effect was preferred against the respondent. The respondent was accordingly arraigned before the lower court. He pleaded not guilty. The case proceeded on full trial. Six witnesses were called by the prosecution. The respondent called three witnesses in addition to his self testimony. The trial Judge found that the appellant did not prove the essential ingredients of the offence charged. The trial Judge also did not find that there was 1 reason to convict the respondent for any lesser offence as demanded by the appellant. He accordingly discharged and acquitted the respondent on the offence charged under section 221 (b) and on the lesser offence under section 222 of the Penal Code. Dissatisfied with the trial court's decision, the appellant appealed to this court