15 I i 4. The opportunity of close observation . 5. The previous contacts between the two parties. SEE : NDIDI VS. STATE (Supra) . By the P .W .1 recogn ising the man that entered his wife's room and called him by his name mean that there was previous contJct between them . or he had seen him before the incident. The question that is pertinent to ask at this juncture, is, whether there is any evidence before the Court to suggest that the P.W .1 knows the said Azuka before the incident? In the evidence of the P.W .1, he did not state that he knows Azuka who is the 1st defendant before the incident. Going by his evidence in Court, when he made the compla int to the Pol ice , the Police would have gone for the arrest of the culprit if he had mentioned that a familiar, well known person identified by name and description or place of abode was connected with and participated in the commission of the crime in question . By the Police telling him according to the P.W .1 that it w ill be easier to get the culprits if he reports the matter to the Vig ilante men is a clear manifestation of the fact that he did not tell the Pol ice that -he knows one of the perpetrators. As a matter of fact , in his extra judicial statement wh ich is Exhibit "A" and which he made after the arrest of the defendants , the witness made it clear that he knows the faces of the three suspects very well and not that he knows one of them before the incident. After stating th is, he went further to state in his statement which is Exhibit "A" as follows :~.....------- - - "Then when the day brakes very well, I went to ~ C.U~,r report the incident to the Vigilante men of our .}1 ·'1:Cf' area and on getting there, I saw the very armed (I) mm, ! robber that I fought with in my house with the 71 tesh mark of the machete cut I gave him on his head in the night. I recognised him quite alright. eir- w~-~ ONJT s~ II -----..,....elllall!oa""o~e statement of the P.W .1 did not in any way suggest that .,. he knows the 1st defendant at all before the incident. It was at the concluding part· of his statement where he stated that the defendants confirmed robbing him in his house in the night that he said that the very one that engaged him in fight in order to escape with the machete cut on his head is called Azuka Nwokoro alias Anini from Utu community. It was as a result of this that the

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