statement. The failure of the Prosecution to call the
said Witnesses is fatal to the Charge. That PW1 was not
the maker of the said statement. That the statement of
the Defendant falls short of a direct and positive
statement. That the Defendant gave his narration of
the event of the fateful night but in no way admitted
guilt or suggested a criminal intention to kill. Nothing
outside the confession shows or corroborates that the
Defendant hit the Deceased on the head or that he
died.
That the Prosecution has also failed to prove that it is
the injury inflicted that caused the death.
That
Prosecution led no evidence to tender any Medical
report showing the cause of death of the Deceased.
That cause of death cannot be presumed where
death did not occur instantly.
15