statement. The failure of the Prosecution to call the said Witnesses is fatal to the Charge. That PW1 was not the maker of the said statement. That the statement of the Defendant falls short of a direct and positive statement. That the Defendant gave his narration of the event of the fateful night but in no way admitted guilt or suggested a criminal intention to kill. Nothing outside the confession shows or corroborates that the Defendant hit the Deceased on the head or that he died. That the Prosecution has also failed to prove that it is the injury inflicted that caused the death. That Prosecution led no evidence to tender any Medical report showing the cause of death of the Deceased. That cause of death cannot be presumed where death did not occur instantly. 15

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