COMMISSIONER OF POLICE V. DANLITI HARUNA

Legalpedia Citation: (2023-07) Legalpedia 58734 (CA)

In the Court of Appeal

KADUNA JUDICIAL DIVISION

Thu Jul 20, 2023

Suit Number: CA/K/325/C/2020

CORAM

MUSLIM SULE HASSAN JCA

Mohammed Baba Idris JCA

CHIDI NWAOMA UWA JCA

PARTIES

COMMISSIONER OF POLICE

APPELLANTS

DANLITI HARUNA

RESPONDENTS

AREA(S) OF LAW

APPEAL, CRIMINAL LAW AND PROCEDURE, EVIDENCE

SUMMARY OF FACTS

PW1 who was the investigation officer, while testifying for the Prosecution (Appellants) at the trial court said he was approached at the station at Zonkwa and was informed that there was a fatal accident involving one Carina E and a Sharon car. That he went to the scene and did not see the driver of the Sharon and he left to the hospital where he met the dead body of Peace Ayuba (the deceased). The claim was that the accident was occasioned by the careless and reckless driving of the Respondent who left his lane to the opposite lane which resulted in a head-on-collision.

The Respondent on his own part stated he was driving in a heavy rain and he had a head on collusion with a car and he did not know where he was as his rib shifted and he was taken to Kano for treatment. That when he came back, his boss took him to the police station to recover the car and then he was arrested.

Judgment was delivered in favour of the defendant and the Appellant was dissatisfied hence the instant appeal.

HELD

Appeal dismissed

ISSUES

Whether from the totality of evidence adduced at the lower court, the Appellant was able to prove beyond reasonable doubt, the offence of culpable Homicide punishable with death against the Respondent as to warrant a reversal of the verdict of discharge and acquittal?

RATIONES DECIDENDI

CULPABLE HOMICIDE – ELEMENTS TO BE ESTABLISHED IN A CASE OF CULPABLE HOMICIDE

Base on the evidence presented at the lower Court the resolution of this issue is straight forward. Section 190 of Kaduna State Penal Code Law No 5 of 2017 provides:-

‘’Except in the circumstances mentioned in section 191, culpable homicide shall be punished with death:

(a) Where the act which the death is caused is done with the intention of causing death; or

(b) Where the doer of the act knew or had reason to know that death would be the probable and not only a likely consequence of the act or of any bodily injury which the act was intended to cause.’’

By the foregoing provision the prosecution must establish the following elements beyond reasonable doubt to secure conviction to wit:- (a) That there was a death of human being (b) That the death was caused by the act of the accused person and (c) That the act of the accused person was done with intention of causing death. See KAZA v. STATE (2008) LPELR-1683 (SC) Page 29.

Concerning the first ingredients above, the prosecution is duty bound to prove that there was death and this can be done by the following ways:-