A High Court sitting in Ogidi Judicial Division in Anambra state, on Wednesday, sentenced one Chibuike Joseph, to life imprisonment in connection with stabbing a man in2017.
He was, however, acquitted of murder charge.
The judgment delivered by Justice Olisaemeka Okuma, followed the defendant’s trial on a two-count charge of murder and grievous harm.
The offences were brought under Sections 274(1) and 288(a), respectively, of the Criminal Code, Cap. 36, Vol. II, Laws of Anambra State, 1991.
The prosecution told the court that on June 7, 2017, at Limca Road, Nkpor, the defendant stabbed the victim on the neck, shoulder and chest with a broken bottle during an altercation over N500.
It said the victim was initially taken to Model Hospital, Nkpor, before being referred to New Mayor Hospital and Fertility Centre, Ogidi, where he died on June 14, 2017.
The trial initially commenced with Justice Pete Obiora, but started afresh before Justice Okuma following the elevation of the former trial judge to the Court of Appeal.
During the trial, the prosecution, led by Mrs Millicent Ikeabunze, called two witnesses.
The deceased’s brother testified that the victim identified the defendant as his attacker both over the telephone and while receiving treatment in hospital.
The Investigating Police Officer tendered the defendant’s confessional statement, in which he admitted threatening the deceased over an earlier quarrel and stabbing him with a broken bottle during a fight.
The defendant admitted that a fight occurred, but relied on the defence of provocation and denied responsibility for the victim’s death.
In his judgment, Justice Okuma held that the prosecution failed to establish beyond reasonable doubt that the injuries inflicted by the defendant directly caused the victim’s death.
The court observed that there was insufficient medical evidence linking the stab wounds to the death, thereby creating a break in the chain of causation.
It consequently discharged and acquitted the defendant of the murder charge.
However, the judge held that the prosecution successfully proved the offence of grievous harm beyond reasonable doubt.
The court relied substantially on the defendant’s voluntary confessional statement, admitted without objection, in which he admitted initiating the fight and stabbing the victim with a broken bottle.
Justice Okuma subsequently convicted Joseph for grievous harm under Section 288(a) of the Criminal Code and sentenced him to life imprisonment.
