19721017 TZHC Mwanza

- HL 21Li HIGH OC'URT OF TANZAITIA • at Hvranza HIGH COURT CRIHIIAL APP7AL HO. 134 OF 1972 ORIGIHAL CRIIJIHAL CASE NO 731 OF 1971 OF TI-ITT; DISTII CT COURT OF KIGOIIA DISTRICT AT KIGC1LA Before C. G. Htenga Esq,, .... Resident Magistrate ALLY s/c SWEDI .0 ".....o, Appellant versuE HTT REPL[3LIC •-. ,, ..00 a• • • . . RCEpofldent Charg:e Obstructing a Police Officer is. due eution of his duty contrary to secioh 243(b) of the Pcia1,Coc1e JUDGHHNT . JOHATHAN, Ag, J. - The appellant wasconvicted on a charge of obstructing a Police Officer in the exocution of his duty contrary to section 243(b) of the Penal Code and sentenced to twelve months imrisonricnt. It seems that the arpeilant was a man wanted hr the Police for the offence of robbery with violence. The prosecution alleged that in the course of looking for him in the township of Kigoma detective constable Ahdallah (r.W02) came across him and after duly disclosing his identity to the appellant he asked him to accompany him to the Police Station in connection with the alleged offence. The appellant agreed but asked that he should fist be allowed to take his belongings which wre at a petrol station. The Police Officer acceded and escorted him to the police station. Befororeaching there they came across (P,W.l) and (P.w.3) both Police officers who were also looking for the apellant. As appellant appeared cooperative they do not seem to have found it necessary to assist Contable Abdallsh and they proceeded. Hot l's.xg thereafter, so the prosocutions case was, the appellant took out a knife and held it as if in readiness to stab the police officer. Asked to drop it he would not and walked away off the course, which prompted the officer to blow his. whistle. That was ansered by the oher oific are and several civilians including (F.W, 5). He threatened to stab them with the knife as he continued to walk away. The people who had gathered there picked up stones ready to strike at appollaau. In fce of such danger he yielded and agreed to be escorted to the police station. While he was being so escorted Constable 1-lemisi had occasion to forcefully seize the knife from him. The apsollant said in his testimony that he wa..s walking on a road when a whistle was blown and he was stop ed by constabl e Hernial who Asked him to accompany him to the Police Station, to which he agreed. The Police Officer then asked him for a knife which ho hold and he again complied. (uite clearly there is no merit in the appeal. The trial magisGrate believed the prosecution witnesses and re3ected the defence that he had offered no ros1sence, r- iflmy view his deceien was fully justified and I. think it was 51,nifisen that uh ne1len vc no e)1enaiion a to why o ho1'in e knifr' a. he a idi nd ¶.t1r me u ucr cons o have heen admitted to hcariny only for ardument if :hC facts consaitumed tue oefence cheraed0 I think chey did Constable Abdallah had a duty to escort appellant to the Police StCtiOn end the apuellant s conduct, that is, cleviatini froii the course while ihreEtenin1c;io stab him and the other people, was certainly calculatod to obstruct the police officer in the exeqution of such duty I em accordinly of, opinion that he was properly convict ed, The sentence is severe but it is not so excessive as to call for interference by this court The appeal is dismissed in its entire±y. UA. , (F. iJ. Jonathan) 17th October, 1972 AG. JUDGE /