i
{
5
I
I
b_
eyond rea~ona~le doubt by the prosecution or proof of murder by
~ircumstant1al evidence where there is no body, medical evidence
1s not necessary and can thus be dispensed with by the Court. In
other words , it is not in all murder cases that medical or autop~y
reports are necessary in proving cause of death of deceased
persons.
SEE : OPARA VS . STATE (2006) 9 NWLR (PT. 986) 508.
CHUKWU VS . STATE (2007) 13 NWLR (PT. 1052)
430.
In the instant case, the facts and circumstances surrounding the
death of the deceased Uzoamaka Offor were most undoubtedly
beyond argument. There is the evidence of the P.W.2 who was the
last person with her colleague Chika Ugwu to see the deceased
alive at least after 9 p.m. when they were together at the parlour of
the flat which they use as 0 . P. D. section of the hospital.
According to her, the deqeased picked her books and left and she
assumed that she went upstairs where she was living . The P.W.2
testified that she was asleep when she heard a noise of something
that fell down from the upstairs . After about one hour, the
defendant entered the place where she was sleeping looking for
Uzoamaka Offor. Eventually he discovered her body downstairs
and she followed him downstairs around 12 mid-night where she
saw the said Uzoamaka Offor lying on the ground stone dead . The
P.W.3 who was the Investigating Police Officer in his evidence told
the Court that there was injury at the back of the head of the
deceased and a lot of blood where she was found . By the
evidence of the P.W.1 and P.W.3 post-mortem examination was
carried out on the body of the deceased but there is no evidence
of the findings made during the autopsy. The prosecution
witnesses in the circumstances of this case did not demonstrate
the cause of the death of the deceased . I say so because there is
no evidence to suggest that the injury at the back of the deceased
head was what c~used her death. Assuming the head injury was
the cause of her death , was it inflicted on her while she was
upstairs or somewhere else? If this is not the case, was the head
injury the proximate result of her falling from the three storey
building? But the P.W.6 Emmanuel Elekalachi while being cross
examined by the learned counsel for the defendant testified that
the body of the deceased was not smashed like the body of
someone who fell' from a height but blood was gushing out from