Kashe Manye V. The State (1973)

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B. A. COKER, J.S.C

The appellant armed with a bow and a quiver of arrows waylaid Dawa Hida (now deceased) as the latter was returning from the market. He told the latter that he would die on that day and then proceeded to shoot his arrows at him. The first two missed, but the third hit Dawa on the chest and pierced his heart.

The doctor who performed an autopsy on the corpse of the deceased testified to the piercing of the heart and expressed the view that the deceased died of such injuries. At the trial, the defence of the appellant was an alibi but the evidence of prosecution witnesses whom the learned trial Judge believed established that the appellant was at the market road on that day and that he was the one who unleashed the arrows that felled and killed Dawa.

We think the conclusions of the learned trial Judge are abundantly justified and we are in agreement with learned counsel assigned, that there is nothing which can usefully be argued in favour of the appellant.

The appeal fails and it is dismissed. The conviction and sentence of the appellant are affirmed.

SC.28/1973