It is clear and I hold that the death was caused by the Defendant. On the 3rd ingredient, whether the act of the Defendant that caused the death was done with the intention of causing death or that the Defendant knew death will be the probable consequence. There is only one witness. The PW1 the (IPO). I have said it often times that the evidence is hearsay. She said she recovered the stick/plank with nail which the Defendant used in hitting the deceased. It was not tendered. I also read through her oral evidence. There is no where she said, the Defendant knew that the plank he used in hitting the Deceased had nail on it and that he intentionally used the said plank on the deceased. Her Statement, Exhibit G is also devoid of 29