I I 4 / I ' were ready to conduct the autopsy, he joined them with the defendant, his father and relations to the mortuary. At the mortuary, he identified the corpse of the deceased as the body of his daughter U;zoamaka Offer for autopsy. Later, the corpse was ;, released to him for burial. The P.W.2 Mrs. Helen lbe corroborated the evidence bf the P.W.1 when she testified that when the defendant pointed the touch light, she saw Uzoamaka Offer lying on the ground stone dead . The P.W.3 confirmed that post mortem examination was conducted on the deceased and he took her photographs which were admitted as Exhibits "M" - "M 6 " . The P.W.4 - P.W.6 all confirmed the death of Uzoamaka Offer in their testimonies before the Court. It must be pointed out that the learned counsel for the defendant while cross examining the prosecution witnesses did not challenge th the claim that the death of Uzoamaka Offer occurred on the 24 day of August, 2011 at Chioma Hospital Uruagu Nnewi. Even in his final written address and written reply address on point of law, the claim of the death pf the deceased appears to have been conceded by the defence and so was not challenged . It is therefore my -finding that the prosecution proved beyond reasonable doubt that there was the death of a human being ; that is , the death of Uzoamaka Offer. The second ingredient of the offence of murder to be proved by the prosecution is the cause of the death of Uzoamaka Offor. In a murder charge , especially when there is no direct evidence of eye witness , the cause of death of the deceased person is a fact in issue that must be established beyond reasonable doubt by the prosecution . Where the prosecution failed to establish the cause of the death of the deceased beyond reasonable doubt, the defendant must be discharged . SEE: REX VS . SAMUEL ABENGOWE (1936) 3 WACA 85. RVS. OLEDIMA 6 WACA 202. LORI & ANOR VS. THE ST ATE (1980) 8 - 11 S. C. 81 ~ Where there is no direct evidence of the cause of the death , then medical evidence becomes a sine qua non . However, where the cause of death of the deceased is obvious, and has been proved

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