/
l
16
I
learned counsel for the defendants in the course of his cross
examination of the P.W.1 put it to him that he recognised nobody
at all and only ceased the opportunity of seeing arrested persons
to claim that they were the ones that robbed him . The answer of
the P.W.1 that ensued is very revealing . The witness testified as
follows :"Azuka Nwokoro came to my
his mask and facing cap he
pointed torch-light to his face
name Azuka Nwokoro so you
this thing."
house, I removed
was putting on; I
and called out his
are the one doing
It is apparent that it was in the course of the cross examination of
the P.W .1 that he realised that there is no way he could see the
face of the man that entered their room when the place was very
dark and they were fighting . Hence he tried to ameliorate the
situation by testifying that he po inted the touch -light to the man 's
face after removing his mask and face cap and realised that it was
Azuka Nwokoro. It should be appreciated that his evidence that
when he removed the face cap , he called the man by his name or
the second version under cross examination are not contained in
Exhibit "A" which is his statement to the Police made on the day of
the incident when the matter was very fresh in his memory. The
P.W.2 as I said earlier stated in her evidence that her husband
removed the thing the person used in covering his face and saw
that it was Azuka and called him by his name. However, it is
surprising that such fact was not stated in her statement to the
Police which is Exhibit "B'' and which was made just four days after
the incident. The P.W.2 who testified that it was her husband that
saw the face of one of the robbers , all of a sudden claimed that the
defendants were the people he saw that day. But in her statement
which is Exhibit "B" , she stated that the robber whom they later
discovered to be Azuka escaped with a machete cut which her
husband gave him on the head . This shows that they do not know
that the person who robbed them was Azuka . It was when they
~ w Azuka with fr~sh machete cut already arrested by Vigilante
~ n that they presumed he will be the person that robbed them in
eir house.
t't
::::} part from this, it is not clear in the evidence of the P.W.2 at the
nd
__ point she saw the 2 defendant. Was it inside her room or when
~ the people were aqout to jump the fence? By the evidence of the
0