evidence adduced by the prosecution did not prove the offence he is charged with but has proved an offence with which he might have been charged under the provisions of this law, he may be convicted of the offence which he is shown to have committed although he was not charged with it”. From the evidence adduced by the prosecution in prove of the charge of Culpable Homicide punishable with death contrary to Section 191 of the Penal Code Law of Sokoto State 2019, this Court is of the view that the charge of Culpable Homicide punishable with death cannot be proved by the said evidence adduced. This Court is however of the view that the said evidence adduced by the prosecution can very well prove a charge of Culpable Homicide not punishable with death contrary to Section 192(4) of the Penal Code and I so hold. The main reason for reaching this conclusion is that it is clear from the evidence of the witnesses called by the prosecution that the whole incident happened as a result of a fight between two gangs one led by the deceased and the other gang led by the defendant. It is also clear to note that the death of the deceased as revealed by the evidence adduced by the prosecution is as a result of beating with a stick which the defendant inflicted on the head and other parts of the body of the deceased and which led to his death. It is also clear to note that both the two groups were armed with sticks and cutlasses and anyone of them could have killed the other. The defence counsel in her written address also raised the defence of self defence. I’m of the view that such a defence cannot avail the defendant. For the defence of self defence to avail an accused person it must satisfy the following ingredients. 19