in
evidence,
is
hereby
discountenanced
and
dismissed.
In consideration of all that has been said in respect of
the 2nd element, I am satisfied that the prosecution has
also proved the 2nd element.
As to the 3rd element, it is trite law that whether a
particular act is likely to cause death or not, is a
question of fact that can be resolved by a
consideration of the degree of the injuries inflicted on
the body of the victim, the part of the victim’s body
that was injured and the nature of the object used
inflicting the injuries.
- Garba V. State (Supra).
- Paul V. State (Supra).
Although the evidence of PW1 and PW2 did not
reveal the nature of the injury they saw on the body of
the deceased nor part of the body attacked when they
met the deceased after the incident, their evidence had
however revealed the fact that they met the deceased
lying down on the ground in pool of his blood.
As to the weapon used, the only evidence that
appeared to say something about it, is the statement
of the defendant admitted in evidence and marked as
Exhibit B and B1 for Hausa and English translated
versions respectively where the defendant stated as
follows:-
Page 22 of 34