Republic vs Nikas Fransisko Kapufi

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA SUMBAWANGA DISTRICT REGISTRY AT SUMBAWANGA CRIMINAL JURISDICTION SITTING AT SUMBAWANGA CRIMINAL SESSION NO. 9523 OF 2024 REPUBLIC VERSUS NIKAS S/O FRANSISKO @ KAPUFI JUDGMENT The accused and the deceased were husband and wife respectively. The event was prompted by infidelity by the wife which was expressly stated by the wife to the accused person while quarreling in their matrimonial room. The breaking news came out at the moment the accused was checking out the origin of business capital and a phone the deceased was owning which was not provided to her by the accused person. Worse enough, the victim and deceased saw it as an opportunity to demean the personality of the husband as not being a provider and bad enough incapable of satisfying her sexual desire. She said he has no male strength. In my understanding she i was declaring that she had to find satisfaction to other men forgetting that she has been able to bear ten children with the man being humiliated, at least by assumption. The prosecution has stated in the facts that the exchange of words provoked the accused and he started to beat the deceased by using slaps and fists. That injured the victim culminating into her death four days later. As the event occurred on the 19/01/2024 the deceased passed away on the 25/01/2024. The prosecution, though admitting that the accused is the first offender have asked for a commensurate sentence which will act as a deterrent to all men with similar mindset - taking measures into their hands. They have invited me to look at the kind of blows and the force used against the victim. The defence however have come up with the mitigations asking this court to look at the circumstances of the occurrence of the event, that the accused is the first offender and that he has been remorseful to what he has done because he admitted in all instances, he was being asked on the event. The last but not least, that he has ten children and six of them are stiil dependent on him. 2 Basically, I have an opinion that the situation of this case had escalated to the point it could not be controlled. The remaining portion was for the victim to leave her matrimonial home or the man to escape the possibility of being angered to the extent of causing harm to the woman he loved. Under normal circumstances a man expects respect from a wife and the wife expects love from the husband. The situation in this case, though not stated openly, the husband the accused seems to had resolved to talk out with the wife had it not for the provocative utterances from the wife, victim. The wife had gone to the extent of expressing openly that other men are more capable financially and have more strength than her husband forgetting they have utilized the same an unappreciated strength to be blessed with ten children. The language showed a disrespect to a man who loved her and causing serious provocation to the husband. The circumstances made the accused lose control of himself given the fact that he had a glimpse of knowledge that there is a man intruding into his empire. The record shows, he beat the woman, unfortunately caused death. To me death of his beloved wife is a serious loss given that they had been blessed together 10 children all alive, and still endured an uncalled-for behavior by his partner. 3 I find that the behavior of taking matters into his hands was not proper but there was serious provocation from the victim under the circumstance they were in at the time of quarrel. The fact that his wife is now demised is a punishment enough to carry it to his grave. Taking care of the still dependent children is a memory to be carried by the accused all along in his life and a punishment enough for what he did. I thus sentence him to a conditional discharge under section 38(1) of the Penal Code, [Cap 16 R.E 2022], The accused should not commit any offence for the period of 12 months. It is ordered accordingly. T.M. Mwerifempazi Judge 09/07/2024 4