Republic vs Galus Benezeth Mavazi

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA DISTRICT REGISTRY AT SUMBAWANGA CRIMINAL JURISDICTION SITTING AT SUMBAWANGA CRIMINAL SESSION NO. Ill OF 2022 REPUBLIC. Wlhfe.... "W. -M- ./a- ""T VERSUS % GALUS S/O BENEZETH @ MAVAZI RULING The accused in this case was charged with the offence of Murder contrary to section 196 of the Penal Code, [Cap 16 R.E. 2022]. It was alleged that the accused on the14th August, 2024 at Malagano area within Sumbawanga Municipality and Rukwa Region, did murder one Oflamu s/o Kachoma. When the charge was read over and explained to him he denied and prayed, through his defence advocate to plea the lesser offence of Manslaughter contrary to section 195 and 198 of the Penal Code, [Cap 16 R.E 2022]. i Upon the prayer being granted as there was no objection from the prosecution counsels, he pleaded guilty to the charge of Manslaughter. The facts of the case shows the event took place during the night at around 2:00 am. Three of people went to the residence of the accused at the Kraal and the sound of barking dogs awakened the accused. He inquired as to who was there, instead of an answer stones were thrown at him. 1 'iJ 'siilby. i&-;yid The accused tried to switch on a torch but the assailants were hiding. He switched off and they approached to attack him. He was holding a club. He ,r ‘Ri­ nsed it to strike the deceased who sustained injuries on the head and surrendered. That is when the accused recognized him. As he was injured, he took him and together they accompanied heading for village office, on the way the deceased lost energy and could no longer walk. He asked the accused to call his father and the accused went first to the village office and reported and deceased's father was called and was informed. Basically the accused admitted to have hit the deceased with a club and in this court he has also admitted. After being found guilty the defence on mitigation has prayed for a lenient sentence as the accused confessed and has save resources, he is a father 2 and dependent by his family. All summed up the deceased authored the attack on him, any right minded man under the circumstances would have done what the accused did. However, I think the strike was aimed at vulnerable and sensitive area the head. In my consideration view, the accused has all rights to defend himself, defend his properties and his family. The problem is the strike was aimed at the head. The deceased sort of authored what befell him and under the circumstances of the case, I sentence the convict to conditional discharge under section 38(1) of the Penal Code, [Cap 16 R.E 2022] and the convict should not commit any offence for a period of twelve months. It is ordered accordingly. Dated and delivered at Sumbawanga this 03rd day of July, 2024. T.M. MWENEMPAZI JUDGE Ruling delivered in Open Court this 03rd day of July, 2024 in the presence of both parties. T.M. MWENEMPAZI JUDGE 03/07/2024 3