19760113 TZHC Arusha

IN THE HIJH COURT OF TU ZAP IA lLT ALLULJ ..

AFELITE JURISDICTION HIGH COURT CRIHIPAL AL NO. 228 OF 1975 ORIGINAi CRIti1NnL CJE JO. 490 OF 1974

OF THU DISTRICT COURT OF KOROGHE DISTRICT AT KOROGHE BEFORE: W. R. IvLMIPL Esci. Resident Magistrate ALLY ABDALL!J]I • • • • . • • . . . . ... .. . . . •. . .. . •. AITCELiANT - (Original ACCUSed) versus muir F 1VTTTDT T/1 .LtU.LL.L.)iU.'., . . . . . . . . . . . . . o . •. • • • • e . • • • • • iLL. (Original :rosecutor)

ORDER OF SURY REJECTION NYJ.LALI, AG. J. The prisoner was charged and convicted in the district Court of Korogwo at Koregwo with the offence of Cattle Theft c/es 265 and 268 of the Penal Code and was sentenced to the staturory r:liniaun of 5. years inljrisomeont under the Plininun Sentences Act, 1972. He is now seeking to appeal to this Court. There is no LlerlG in the appeal. There isno dispute but anple ovdenco that WtlOfl•J.I.1 woio up in tna :iorninc of 20/12/74 he found two of his goats nissiug fron his hone -nore is evidence that later the sane day the -erisonor was seen driving two goats by r.V.3 (Adse, Liaseara) and P .H.5 (Jackson Jnania), and that the prisoner eventually took the two gtoats to the hone of e'.J.2 (Ranadnani Korokorona) wncre ho left then ten.porarily but they wore found at p.W.2's hone just when the prisoner returned to collect then that sane day. Since the evidence of P.H.3 and '.W.S corrolorgted. in eiaterial particulars the ovidonco of 1I.W.2 9 the conviction of the prisoner eras inevitable. The prisonor couplains in his petition that I.J.3 and L.W.5 are relatives of .W.2, but ho did no raise this point in crcss—oxaeiination of thcso witnesses during the trial. The coriplaint apears to 130 an after thought I therefore certify that after perusing the record, I an satisfied that this apsoal has boon lcd od without substance, I hereby sunnarily reject it under S. 317 of the Criuinal Procedure Cede. (L 'tvb LRUSUIL: 13/1/76. (F. FLN/MTPLI.