NA TZHC Dodoma

IN THE COURT OF APPEAL OF TANZANIA ATDODOMA (CORAM:Nustafa, Ag.C.J., Mwakendo, J.A. and .ikai JA.) CRIMINAL APPEAL NO. 13 OF 1980 BETWEEN ATHUMANI KASUKU : •:::::::::..• APPELLANT (. A ND THE REPUBLIC : : : : :RkSPONDENT (Appal from the conviction of the Hiqh Court of. Tanzania at Singida) (Lugakingira, J.) dated the 28th day. of February, 1980, in CRIMINAL SESSIONS CASE NO 53 OF 1978 JUDGMENT OF THE COURT MUSTAFA, Ag. C0J - - The deceased was a brother of the appelt lai w'h is alleged to have killed him. There is evidence that the appellant was extremely angered by the deceased who allegedly had accused the appellant of misappropjiaiñf some bridewealth money of a daughter of the deceased. The a'pellant had made an extra-judicial-statement which was admitted by the trial jude, after a trial-within--a- trial. We are satisfied that the-s.id statement was rightly admitted. It is a full confession to the murder of the deceased, although It also implicated other persons. There is also corroborative evidence to support the confession. P.W.1 the appellants wife had testitied J that on the material night the appellant got out of bed V 7 and left the house saying that he was going to kill the deceased. He armed himself with a 'hengo.a panga like \ weapon, Tha.cea.e4 aq4ld 1e bAhen k1led with a thengo'. 'N