accused and in some cases that of witnesses. He also tenders some documents and exhibits obtained
during investigation. The Investigating Police Officer therefore gives direct evidence as to what he has
done during the investigation of the crime. The evidence of the Investigating Police Officer is not by any
standard hearsay. He gives an account of what he has done in the process of his investigations.
The trial Judge was right in holding that the Investigating Police Officer gave evidence of what he did
during his investigation as part of his duties.
In a charge of murder the prosecution must prove;
1. That the deceased had died;
2. That the death of the deceased was caused by the accused; and
3. That the act or omission of the accused was intentional with the knowledge that death or grievious
bodily harm was its probable consequence. See Ogba vs. the State (1992) 2 NWLR pt.222 page 164,
Nwaeze vs. The State (supra)
The prosecution in this case has proved that the deceased had died. This was confirmed by the evidence
of Master Blessing Peter Asuquo, the Appellant, PW1 and PW 3. The prosecution has also proved that
the death of the deceased was caused by the accused. This was proved by the evidence of Master
Blessing in Exhibit B. So also from the confessional statements of the Appellant himself.
Both Master Blessing and the Appellant gave a graphic story of how the Appellant beat the deceased,
turned him upside down and hit his head on the floor.
The Appellant was a lot older than the deceased. He beat him up and turned him upside down hitting his
head several times on the floor. Ofcourse he had the intention of doing him grievous harm which
resulted in death within 24 hours. Our law is that a man is presumed to intend the natural consequences
of his acts. The test to be applied is that of a reasonable man. A man intends, the result of his action. See
Adelumola Vs. State (1988) 1 NWLR pt.73 page 683,  Arabaman Vs. The State (1972) 4 SC page 35,
Uyo Vs. Attorney General Bendel State (1986) 1 ALL NLR page 112, Garba vs. The State (2000) FWLR pt
24 page 1448, Ibikunle Vs. The State (2007) 1 SC pt. II page 32.
The prosecution has proved the case of murder against the Appellant beyond reasonable doubt. The
2nd and 3rd issues are also resolved against the Appellant.
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