Maduabuchi George V. The State (1993)

LawGlobal-Hub Lead Judgment Report

OGWUEGBU, J.S.C.

The appellant Maduabuchi George was arraigned before Anyanwu, J of the Isiala Ngwa Judicial Division of the former High Court of Imo State now Abia State High Court on 26th September, 1984, on a charge of murder.

The prosecution’s case was that at about 8 p.m. on 18th May, 1984. The deceased who was a brother of the full blood of the appellant had supper with his father – George Nwagwugwu (P.W.2) when the appellant was away. The appellant returned after they had finished eating. He went into his room to cut something. The deceased questioned him as to what he was cutting inside the room which he could not cut outside. The appellant told the deceased to go away and queried whether he was on the body of the deceased who had taken his own food. P.W.2 asked the deceased who was then in the room of the appellant to leave the appellant’s room.

P.W. 2 was at the back yard when he heard the alarm raised by the deceased that the appellant had given him a matchet cut. As a result. P.W. 2 and the mother of the deceased (D.W. 2) ran into the room of the appellant. The appellant ran out of the room. There was no light in the room. P.W. 2 brought light into, the room and the appellant had given the deceased a matchet cut on the neck. Both of them brought the deceased out of the room and raised alarm. Nobody came, D.W.2 held the deceased while P.W. 2 went to the police station at Ugba where he lodged a complaint.

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The police told P.W. 2 that they had no vehicle and asked him to arrange for a vehicle and bring the victim to the police station. P.W.2 returned home to find that the victim had already died. He also discovered that the appellant had run away. P.W. 1 (Dr. Chima Nwafor) performed the autopsy.

Dr. Chima Nwafor testified as P.W.1. He told the court that he carried out a post-mortem examination on the body of Okwudiri George on 19/5/84 after the body was identified by P. W. 2. He stated that the deceased was a well nourished young man with a deep matchet cut extending from the left ear to the anterior aspect of the neck cutting up all the blood vessels on that side of the neck (the jogular and carotid vessels) to and from the brain.

He further said that the cut went deep into the ear bone extending to the anterior aspect of the neck exposing the trachea. He certified the cause of death to be due to hypovolemic shock following a matchet blow on the region described and very severely applied. He explained that hypovolemic shock means excessive blood loss.

Police Sergeant Eseme Okon testified as P.W. 3. He investigated the complaint lodged by P.W. 2. He went to the scene and saw the deceased in a pool of blood. He completed the necessary Coroner’s form which he served on P.W. 1. He stated that there was no vehicle to convey the corpse to the General Hospital at Okpuala Ngwa. He pleaded with P.W. 1 who accompanied him to the scene where the post-mortem examination was performed.

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After two days, the villagers arranged a search party, arrested the appellant and brought him to the police station. He formally arrested the appellant, charged and cautioned him. He volunteered a statement which he tendered as Exhibit “A”.

P.W. 4 is an Assistant Superintendent of police attached to Okpuala Ngwa Police station. P.W. 3 took the appellant to him with Exhibit “A”. He cautioned the appellant in Igbo and read over Exhibit “A” to the appellant in Igbo. The appellant agreed that he made Exhibit “A” voluntarily before he (P.W.4) countersigned it.

The appellant gave sworn evidence in his own defence. His mother Teresa George testified as D.W. 2. The appellant testified that at about 8 p.m. on 18/5/84 he returned home from where he went to buy stock fish. He started to cut it into pieces in his room. The deceased who was in his own room started to ask who was cutting something. The appellant told him that he was cutting something which he wanted to use in cooking soup. The deceased repeated his question and the appellant repeated his answer.

As the appellant continued cutting the stock fish, the deceased came from his back and started beating him. The appellant was shouting as the deceased was bearing him. D.W. 2 entered the room and enquired from the deceased why he was beating the appellant and the deceased did not reply. P.W. 2 also came into the room and pleaded with the deceased not to beat him (appellant). He did not heed the plea of P.W.2 who left the room in anger. The deceased stopped beating the appellant and started removing the beddings on the appellant’s bed and scattered them in the room.

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The appellant stated that he became annoyed, picked the matchet he was using in cutting the stock fish with his left hand. He wanted to hit the deceased with the flat Side of the matchet so as to stop him from scattering his beddings. He hit the deceased with the matchet when the deceased raised his head and got a cut on the neck. When he saw blood rushing out on the deceased, he dropped the matcher and ran out. He thought that the deceased would retaliate. He admitted making Exhibit “A”. The evidence of D.W. 2 is similar to that of P.W. 2 in all material particulars. She also testified that the appellant was born in March, 1967.

The above is the gist of the evidence led by both the prosecution and the defence.

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