Considering the evidence adduced by the prosecution in their effort to prove the charge against the defendant, can one reach the conclusion that the charge is proved beyond reasonable doubt? I have evaluated the evidence of all the witnesses called by the prosecution in this case and also the evidence of the defendant when he testified in his own defence and I’m of the view that the evidence adduced falls short of proving the charge of Culpable Homicide punishable with death contrary to Section 191 of the Penal Code. From my findings I’m of the view that even though the evidence adduced could not prove the charge of Culpable Homicide punishable with death, it is very clear that the evidence adduced could establish the offence of Culpable Homicide not punishable with death contrary to Section 192(4) and punishable under section 194 of the Penal Code. Section 192 4 provides as follows “Culpable Homicide is not punishable with death where it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage on acted in a cruel or unusual manner”. Section 194 provides as follows:- “Whoever commits Culpable Homicide not punishable with death shall be punished with imprisonment for a term of not less than fourteen years and not exceeding Twenty one years imprisonment. It is to be noted that by Section 222 of the ACJL 2019 of Sokoto State this Court is empowered to convict the defendant where it appears that the 18

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