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the back of her head . This evidence of the P.W.6 dismissed the
option that the: deceased was thrown down from the upstairs. But
is he competent to give this evidence in the circumstances? The
medical doctor who performed the post-mortem examination \fJOuld
have clarified this better if he had testified .
1
It is therefore pertinent that the cause of death of the deceased
should be established considering the circumstances in which the
deceased body was discovered . In my opinion, medical report
(autopsy) and ~vidence of a medical doctor who performed the
autopsy are essential to establish the actual cause of death of the
deceased considering the facts and circumstances of this case.
Th is is so because where there are no facts which sufficiently
showed the cause of death to the satisfaction of the Court, medical
evidence of the actual cause of death is essential.
SEE : EFFIONG VS . STATE (1998) 8 NWLR (PT. 562)
362.
AWOPEJO VS . STATE (2001) 92 L. R. C. N. 3187.
I will now consider the next ingred ient of the offence of murder to
be proved by the prosecution beyond reasonable doubt which is
that the death was caused by the act of the defendant. I have
scrutinized the evidence adduced against the defendant by the
P.W .2, P.W.4 , P.W.5 and P.W.6. I am afraid that there is no direct
evidence linking the defendant with the commission of the offence
as rightly submitted by the learned counsel for the defendant in his
final written address. The learned counsel for the prosecution
appreciated this fact hence he relied on circumstantial evidence in
his final written address . He contended that the unbroken chain of
circumstantial evidence led by the prosecution through the P.W .2
points irresistibly to only one conclusion , namely, that it was the
defendant who m~rdered the deceased . In the case of IJIOFFOR
VS . THE STATE (2001) 3 NWLR (PT. 718) 371, KARIBI-WHYTE,
J. S. C. (as he then was) had this to say:-
"The absence . of direct evidence is indeed the very
essence of resort to circumstantial evidence. Where direct
positive evidence is elusive with respect to the
commission of an offence, surrounding circumstances of
positive, cogent and compelling evidence inescapably
linking the accused with the commission of the offence is