Republic vs Juma Yusuph Picheni

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY OF SUMBAWANGA) CRIMINAL JURISDICTION CRIMINAL SESSION NO. 107 OF 2022 REPUBLIC VERSUS JUMA YUSUPH @ PICHENI JUDGMENT MWENEMPAZI, J. The accused person is arraigned in this court for the offence of Manslaughter Contrary to Section 195 of the Penal Code; initially he was charged with the offence of Murder Contrary to Section of the Penal Code, Cap 16 RE 2019. That offence has been downgraded to manslaughter Contrary Section 195 of the Penal Code, today following a prayer by the defence counsel, Mr. Deogratias Sanga learned advocate which prayer was not objected to by the prosecution being led by Ms. Xaveria Makombe, learned Senior State Attorney and Ms. Ashura Ally Pazi State Attorney. The event leading to the death of Izdory s/o Vianee started by the quarrels related to demands of money owed by the accused to the victim. That demand of immediate payment led to the unconfortability to the accused person and that was also reacted to by the victim hence a fight. As a Swahili saying goes by “dawa 1 ya deni ni kulipa” the accused had no excuse to stay with his colleague’s money but to pay it and not to fight. Today he has admitted that as a result of the fight Izdory Vianee sustained injuries which led to his death. According to the Postmortem Examination Report the said death was caused by Aspiratory Pneumonia and internal bleeding. Obviously the fight was serious and violent. Out of the facts, the prosecution have prayed for stiff sentence against the convict, Juma s/o Yusuph @ Picheni. They allege there was unreasonable reaction which led to death of his collegue, a Youngman whose dreams were interrupted by the demise. That he was a Youngman still dependent by the society in particularly his family. The defence counsel has also raised a litany of mitigating factors which they pray they should guide this court in its sentencing. That the convict is a first offender, that he felt the pinch and became remorseful for demise of his friend, that he was cooperative to the investigation machinery thus saving resources, this is applicable to the court, that he did not use any weapon and staying in romance for two years and one months. 2 I have heard and contemplated on the sentence befitting the offence committed. The accused/convict ought to have paid money and saved himself of the commission of the offence by not engaging into a fight, a dangerous act. From facts and finding of the medical doctor as reflected in exhibit P1, the fight was serious and violent. Whether may be a reason. Considering all the circumstance given, the maximum sentence of the offence of manslaughter Under Section 198 is life imprisonment, and considering time spend in remand, and other mitigating factors the accused is sentenced to serve five (5) years in prison. I hope it will serve him as reminder of not taking matters in to hands but follow the legal mechanism in settling any conflict. It is ordered accordingly. Dated and singed at Sumbawanga this 27th day of September, 2024. T. M. MWENEMPAZI JUDGE 3 Judgment delivered in court in the presence of the Accused, Ms. Xaveria Makombe Senior State Attorney, Ms. Ashura Ally State Attorney and Mr. Deogratias Sanga - Advocate for the accused. T. M. MWENEMPAZI JUDGE 27/9/2024 4