J .
3
that it was the defendant who murdered the
deceased?
The sole issue for determination in this charge is, therefore!,
whether the prosecution from the circumstances of this case and
the evidence adduced , has proved beyond reasonable doubt that
it was the defendant who murdered the deceased? The facts of
this case fall within a narrow compass and are in most aspects not
being disputed . However, in order to secure the conviction of a
person charged with murder as rightly submitted by the learned
counsel for the parties in their final written addresses, the
prosecution m~st prove beyond reasonable doubt the following :I
1.
2.
3.
4.
5.
the death of a human being;
the cause _of the death ;
that the death was caused by the act of the defendant;
that the act or acts were done with the intention of causing
death or grievous bodily harm ; and
that the defendant knew that death would be the probable
consequence of his act or acts.
SEE : NWOSU VS . STATE (1998) 8 NWLR (PT. 562)
433 .
NWAEZE VS . STATE (1996) 2 NWLR (PT. 428) 1.,
ADEKUNLE VS . STATE (2002) 4 NWLR (PT. 756)
169.
In a bid to prove the ingredients of murder against the defendant,
the P.W.1 who is the father of the deceased Uzoamaka Offer
rd
testified that on the 23 day of August, 2011 the deceased visited
him at about 4 p.m. and informed him that she will be going back
to school having secured an admission . Later, she left for where
she was living at Chioma Hospital where she was working as a
nurse. It must be stressed that unknown to the P.W.1, that visit
was the last time he will see his daughter alive. In the night of the
24 th day of August, 2011 at about 2 a.m. his sister-in-law called
him on phone and told him that there was problem at Chioma
Hospital , Uruagu Nnewi and he should go there. In the morning ,
he went to Chioma Hospital Uruagu Nnewi with Chief Yagazie
Sunday Eze his brother. When he got there , he saw the corpse of
his daughter Uzoamaka Offor in a pool of blood . When the Police