19771221 TZHC Mwanza

IN HIGH COURT OF Tj,\lZANli\ AT J:v!l:JANZ!\ A~'::-'2::LLATE JURISDIC'J:ION HIGH COURT .::Ril'!IN,\L A;?PS,\L NO. 276 (,~., 1977 (Original Criminal Cas,, :,0064 of 1977 of the District Court of Ngara District at Ns~ra before P.Z. Kag~li, Esq., D.ll.) versus 2 U D G E ME N T !1fFALILA, J. These two i1ppeal.s : ·ere consolidated. ~?:: th appellants were charged with th12 offe:1c:e of assault causir:g -c:::tual bodily harm contrary to s<2ctio:1 241 o:: the Penal Code. :::hey were found guilty, convicted ar.d sentenc,..:C::. to two years imDris::nml' nt subj (.!Ct to 0 confirmation. The main issue in t:1is appeal as wo.s at the trial, is the identification of the appellants, for they denied the allegation that on the day in que=tion, they assaulted the complainant. Both of them told the trial court thot as the incident narrated by the complainant wc.s t:.,;,::ing place, they wtcre elsewllej::-c, the 1st accused saying that l1e was mournit,~_; his wife's d<2ath 1 the 2nd accused that he was in =-:,urundio But i:i:" the evidence of the complainant is accept~~ ~sit were, then the identification of the appellant's ~oses n0 ~=~hlemo For according to the com,lainant, he walked with both a:.:.rJ..::llants for some (~.i-•L,nce before i:hey turned around demanding money ::'rom him and later ::ssaul ted hir.-i in the manner and to the extent desc:ib2d. The complainant and the appellants are

well known to ,~ach other, in fact th,." C'):-:iplainant is the appellant's c,~11 h"ad,::ro I cannot therefor,; see how in those circumstances th0 com~lainant could hav~ ~istaken tho appellants, unless he was prornpt2d jy malice to r~v2nge an existing grudge. Both pppell~nts tried to suggest some s~rt of grudges between them and the comp1ain2.nt but I thought thr..t these were too far fetched. Th,=ir ali!)is 1·:ere not supported ":::y 2nyone except them- selves o For all thcs2 r-.:Cisons, both appeals 2rF•inst conviction have no merit an-~: they :.:.:::-2 dismissedo As r·.3gards the s0:::.tences, these were app1~oprir-1t.: in view of the seriousness and ,wture of the attacko As t1iey w,;;J~:::: demanding monr:.:y from the complain;:rnt they could have been ch,:.::·ged with ;:,. mo1'.',~ serious offence. Accordingly, the sent'-'_:1:::2 of two years imprisonment on c;nch appellant is confirmedo Delivered in Court at Mwanza this 21st de;:'/ of Deccm!::ier, 1977 ..

MWANZA L1ST DECEr,nEf:., 1977