, \! hen thcv reached, DW2 started packing the wood while the deceased held tlH Ucl'ell J;rn t' s trousers <lespite the plea by th e Defendant fo r her~o lcavt! him . ·r ic De fe ndant therefore pulled off the tr~user and went home with only boxers. ! le Ji J no t hit the deceased with any _obJect. She alleged lhat before the date of the incident, the deceased v,as not s1ck and after _the incident, she was still sec- n mov ing 11round. OW2 made statement to the pohce. Jndcr cross-examination, the DW2 denied saying in her statement to µolicc ihat til t: Defendant was wearing short nicker and that the deceased was 1 draggi 1g the short nicker. ·) riginal copy o"r the Statement of Chinelo Nzelu (DW2) to Ozubulu · Po\ ice elated 91 1/20 \ 2 was admitted and marked as Exhibit D 1. Under cross-examination , DW2 admitted that the Defe ndant and the Jecca eJ were draggmg tile firewood but quickly ad ded that the Defendant JiJ not to 1ch her. He also conceded that when the Defendant ' s unc le came the next Jay, 1 ~ tolJ llic Dcfc11Ja11l lo go and sec his '.)ick moLhcr. DW3 wzis one Uwaezuoke Godwin . He is c f the same Li ndred with the Dek:1 J;:111l . !-le staled that prior lo lite clealb of the De fendant , s mother, slie haJ a di sp ute wi th the Defendant over Avacado wood which the Defendant cut on thc _LJ.H.l gi\·cn to hin1 as homestead . DW3 conceded not being present on the day of the incident but was told wh at liappc neJ by one Obunike Nwosu who witnessed the i.1cidenl from his com pound . · He confinned that the Defendant was the actual owner of the rirc \\ oml. D\VJ stated that he knows no tlring pe1taini11g lo the death of the Dcfe 11dant' s mother . As al ready indicated, with the close of the case for the defence , written fin al addresses were duly adopted. I have read the charge, the record of proceedings and exhibits . I have alsu appreci a teJ the submissions as ado pted . The contents form part of the proc ccdings and are not reproduced her,~in . I adopt the lone i~sue as put r0 1\ Jrd b) Ddc11Ja11t' s cou11scl as sufficient to cover the field , with sli ght mo<ification . It is thus ~ 8 '·W 1ctl~cr the Pro_sccution proved the clurge or any other beyond reasonable dm:ot irom th e evidence before the Honot.:.rable Court? CERTIFIED 1-t. o. I}ffe_[ c_nPr j CiKC!NK~~ol LO ATE 1 2---: l.z✓ (_Z±-, A . C. RE!"~iS r~ ~ A~ 1 1

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