I
i
that death Wb
· ould be the natura l outco me or con seq uf! nce of
then ... . see
BOGO V. STATE (1972] SC . 39.
such act
'
In this rega ~d, the weapon used according to Exhi bit "C" is a kitchen
knife . Knife i\t self is a lethal weapon . Thi s is a corn mon knowledge . The
result of staf.bin~ a _p ers~n with a knife at the ches t i~J\ no doubt to kill
the person or to inflict grievous harm or injury on th e person . A person
cannot stab another on the stomach and/or chest an d t urn around to
say he did n9t intend to kill the person or do injury on t he p~rson.
In Exhibit's "<C" the Defendant stated thus :
"How I kill~d the deceased was that I saw her in front of their
compound playing with other girls and I called her and she followed
me to a correr and I then stabbed her with a kitchen knife on her
stomach and\chest. After stabbing the girl, I ran away ... , I threw away
the kitchen krfe to a bush after committing the crime.
It is settled frpm the fact revealed by the Defendant in Ex hib it "C" in the
peculiar circum stance of this case that the intention to kill the deceased
or cause him Prievous harm is also found in the weapo n used.
In the case of EDOHO VS STATE (2010) 14 NWLR pt . 1214 651 at 678
the Court sta~ed :- "where a person is attacked by a lethal weapon and
he died at the spot or shortly afterwards. It is reasonable to infer that
the injury inflicted on him caused the death"
The Medical Chief Officer who conducted postmortem examination saw
the decease and affirmed that what caused the dead was as a result of
penetrating injury. He saw the stab as Confessed by the Defendant. The
same with Pw-1, Pw-4 and Pw2 all confirmed the stabbing which the
Defendant had already confessed. The Oral Confession he made to Pw1 corroborated the written one.
It trite also that an intent to kill must be established before the charge
SUIT NO . 0/49c/2016: THE STATE VS CHIBUIKE DURU
Judgment delivered on 19/04/2018
Page
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