f , . be !·( ,re th e court that the deceased cont inued f'Joaning and stating that the · lk i : lld<1111 li<1d. k il led her in Ig~o lan~uage . L v~n lhougl1 she did not <lie inrn cdiately thc'.ea ft er, it ~as akm to dy~ ng decla _·ation since the evjdcnce fro m tile )rn scculi un 1s to the cf feel lli Jt she did no t come out of that trauma until sli c dice on 8 Jan uary 2012 . 1 " PW2 and PW3 collabora,ed the PWI b) evidence. They heard the Deceased stat e that th e Defendant had killed h ~r. PW3 ,vas very specific . lndc-~d he eve n proceeded to confront the Defe ndant after hearing from the deceased but the Defendant appeared non challant about the in cident. PW 1 , PW2 and PW3 interestingly all stood their 6rround . Th ~y gave evidence or L ie physic~il injuries \\ liich even rcn cctcd i11 the pliotogr..1plis th at \\er\ : ad m ttcd without objection . As s.atecl earlier, these witnesses were positive 1hat it was as a result of the assc1td t by the Defendant on the deceased that she eventua1ly died . They stood their groun d even under cross-examination. In my view, the prosecution had crcdi Jlc evidence to showcase the contention th ,1t the Deceased died in the proci.. ss or l n.:al 111e11t resulli11g Crom the assa ult encc llnter with tLe De/endanl. 1 What \vas the reaction of the Defence to bting to the fo re the situation tlial could g e I1 c rale duubl '? The D \ V I himself admitted and stated undr. ~r cross~examination that he loo k 1i s llH.:ker from lhe deceased by force . He ho wever stateJ tliat he did not kno w if she fe ll down but heard her shouting that Chigbo (Defendant) had killed 111e . \Vli_y th e tkccasccl could be groaning in ~hat manner, and yet the Dcfr11J3nt said , :1e left he r there, went into his apartment, took his bath, put generator and went o bed Tfi nd it-difficult to believe that the Defendant was being sincere . In the \Vllli o Il statc111cnt voluntarily made by the Defendant whi ch was admitted ubjccti u11 as l:::xhibit P3 , lite Defendant stated thus; th is point, I sta11ed dragging to free myself from her, she held my 111ckc t so I used J'orce lo collect tile nicker from her, then she fe Ji down, where 1 0 heard hat she: got wound on the hip". . . zit rh c co urt notes, without prejudice to Exhibit P7 , that the Defendant him ~c1 I' conc eded tlrnt the decc<1sed fell down in the course of hi s encounter ,vith . . I C I )w111g her, s.1 apparent v10 cncc . - - - - -- . 7 _. - :-_:.tHT\f\ ~·-::-----£0 ~ TRUE COi -· 11 that ,;a mc Exh1b1t PJ , the Defendant himsel f stated thus{ l_ . --~ j \ -~------ ----- ceuR1; :,11 J rlJL-iH ~~l1~, . \·-~7--- -'cn<Ctt'l\(WU ~ 11\.u. Rih -,S~H~R \ ~~T;Jd,:b~:Y 01 I

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