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