The Appellant, Mufutau Bakare, was charged with the offence of culpable homicide punishable with death under Section 221 (b) of the Penal Code. He was arraigned before the Kwara State High Court holden at Ilorin and presided over by Gbadeyan, J. The learned trial judge heard the evidence of 9 prosecution wit-nesses. The Appellant made an extra judicial Statement to the Police in Yoruba tendered as Exhibit 3 and 4, the Appellant gave oral evidence on oath in his own defence. After reviewing the evidence on both sides Gbadeyan, J. found the Ap-pellant guilty and sentenced him to death.

The Appellant aggrieved by the above conviction and sentence appealed to the Court of Appeal Kaduna Division coram Wali. Maidama and Babalakin, JJ.C.A. That Court by a unanimous verdict dismissed his appeal and confirmed the con¬viction and sentence of the trial Court. Still aggrieved the Appellant has now ap¬pealed to the Supreme Court of Nigeria.