NA TZHC Dar es Salaam 10

IN THE HIGH COURT. < 7 TAN:6ANIA i ,'I' uhF: ES SALA/~M AP?ELLJ-,.TE JTJRISDIC':c'JON HIGH COURT CRiiVjINA:::_, APP EAL NO,, 19 UF 1988 OrtTGINAL CRIMINAL C,~SE NO~ 225 OF 1987 OF TES DISTRICT COURT -VF' MORUGORO DISTRICT AT M0RUGURU i,BD;J,1,AH NASSORO v n o o APPELLANT (Orjg:nal accuseo) versus THE REPUBLIC O C O ooooooco o a o RESPONDENT (Origjnal PrO~ecutor) J U D G M E. . ____ ·--·--•-4-----·--------- N _T'~ _l3!~-I!':T ~ 5, -~.:[.,:._ The.appe1lant was convjcted of.the offence 0f stealing by servant under sectj0ns 27"1 and 265 of the penal cnde and sentenced ··:o ·three yecirs: impris0nment, He j s · n0w appeal j ng against both ·.:C1r,·.r.i..c-::.:·.on and aentence" Th- facts as fnund by the Distrjct court are that the appellant was employ<:cd by .pt~ c 1 · Taj M0hamed as a lorry dr5ver of motor vehicle Noo '11 z6E:'7G 1 ., on Bth september 198'/, the appellant -loaded the vehicle wl1icl1 n.(:; v·as drivj ng wj th stones .f::-0m the st0ne quarry 0f pw·o 1 and ~~0<1k them to PlfJ., 3 after first arl'.".::i.ng ing to brj ng stc,nes t(' PWo 3 at e bui:cting site of hjs empl0yer. PWa3 pajd him 2000/= being money left with h~m b~ his emplnyer to purchase st~n§so · PW ■ 1·later on ~de~tified th~ st0nes sold t0 pw.3 as belonging t0 hjm and that they lldd been taken fr0m his quarryo. These st0nes were quite·djfferent in appearance from 0rdjnary st-nes friund in M~r0g0r~ area. The appellant was arrested and charged as ab0ve. I~ his defence the appell;nt de6ied selling any st0nes to PWo3~ The le~rned tr5al Magistrate add~essed hjs ~jnd t,.., the evidence and he accepted -::11e evidence ,~f PWo3 as trueo He fr-und PW ■ 3 t0 be a rel~.abJ.e w:i."c.ness.,_, He hnweve:::- f0und the evidence (•f PW ■ 2, a _witness; who was a·~ the bujl~ing site at the time ,-.,f the sale rif the st0nes, on my own evaiuatir-n r·-f the evjdence, I am unable te'I fault the findings 0f fact and the ~,-.,nclusi,-.,n arr5ved at by the l~arned Magist1~ateo Indeed the ~,'?arI0 ed fv!agistr?te had the advantege ,,f hearing anu seeing the witnesses~ 1,,