the offence of Culpable Homicide must be proved
conjunctively and not disjunctively. That where any of
the ingredients cannot be established, the Prosecution
fails and the doubt must be resolved in favour of the
Defendant.
That the Prosecution did not establish the death of the
Deceased before this Court. There is no evidence of
anything living or dead called Sunday Itoh.
Defendant never sighted the dead body.
merely informed on phone.
That
He was
That in the absence of
death Certificate or any other proof of death, there is
doubt as to whether the Deceased died or not.
The statement of the other Witnesses are inadmissible
as they refused to appear in Court. They could not be
cross-examined to ascertain the truth of the said
14