such evidence. The Exhibit B the alleged Confessional
Statement is also devoid of any such confession. It is
not a Confessional Statement. In actual fact it denies
the Charge.
Even if it is a Confessional Statement,
there is no evidence of its veracity. There is nothing
outside the said Statement to show its truth. It is not
corroborated. There is also no other facts with which it
is consistent. It is dangerous to rely solely on Exhibit B.
He stated in the said Exhibit B that he merely picked a
plank in the heat of the hot pursuit but unfortunately it
had a nail on it. He stated he never had the intention
of killing the deceased. That he only wanted to hit him
at the back and unfortunately hit him on the head.
In my respective view and I so hold that the
Prosecution failed to prove that the act of the
Defendant that caused the death was done with the
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