(vi)
Your Petitioner's evidence in Court, however,
was that because of certain events that happened the
day before 4th April, 1979 and on the day of 4th April
1979, there was a heated argument followed by a fight
between the deceased and Your Petitioner.
(vii) Your Petitioner's further evidence was, at one
stage of the fight, the deceased attacked him with
a hammer in his office and Your Petitioner tried to
get the hammer from the deceased. The deceased hit
your Petitioner with the hammer, and Your Petitioner
was very confused and lost control completely.
(viii) Your Petitioner humbly submits that he picked
up the knife, which was usually placed on his desk,
after being threatened by the deceased. It was at
this stage, he must have inflicted the injuries of.
which the deceased had died, in effect either defending
himself or because he had lost his temper. The
circumstances immediately before and at the time of
killing of the deceased were chaotic, and conducive
to panic and fear.
(iv) Your Petitioner himself had a small haemutoma
over his left forehead which according to the medical
evidence, could have been caused by a blunt instrument.
Also, when he arrived at the hospital, Your Petitioner
was panicky, very frightened and at times his speech.
was in-coherent. Your Petitioner was then taken a
neurosugical ward because the doctor was afraid he
might have concussion.
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