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IN THE HIGH COIRT OF T/NZANIA. A T MBEYA ORIGINAL JtJ1ISDICTION (DoDoKi 1EGITRY).- CRIMINLL SBSSIO1'1$ CASE No. 55 OF 1973 THE REPUBLIC versu LMriJANI ..JONPZI Murder c/s 196 of the 2cral Code. J UD G EN EN T MAPIG1NO, J•. "••• LAND1dTI Sb JO1 3, the tccused 1 lci'ein, otei Ls charged with murder contrary to sccton 196 of the Peral Code, nunoly that on or about June, 13, 1972 he murdered one Jump s/a ?Jwam, unc at Lufingo in Run.gwe district He hab ploadoct not uilty to the charge, The prosecution has adduced vidcnce oh severl witnessoc to show that at abouu 8 p.m. on the aforomtionc.d öy, a mn called Juria Mwamgunae was viciously at ckod at the house ôf 11c.2 Ambagile Mioko. There was no body ho witnessed the attack Th)± in all likelihood his asáilar.t wylaii him ñc1' sCt upon him suddenly with a sharp weapon.. It vould ap1ea thai , the death was instantenous. The doctor who exa med thcU dead body reported vide exhibit P2 that the doceasedi had Bustained the following wounds (1) a punctured wound OnL the forehead measuring (2) a cut wound below the lcft ear measuring 2 x4ttx1 which áevered th carotid blood vessels end, (3) a small': cut ound on the right ear measuring +"A1/6"x 1/6" He asi,nod the cause of death bo loss of blood and shock No dispute aises frOm the above :evIdencend, '.Th dy ±; it is inIiossib10 to contest, it. I findt1.orefore, U that Juma Mwamunds died on 13/6/72 at niit in tlic circumstances and manner shown above The principal quostjon whLch falls for doterrrmnation in this case is the qucston whetaor it was frioccsed crson who infliàtedthe injiri• which .u1tirate1y caused the death. There is a serious controversy on that poia t- as i u appears, there is virtually only the eviTerc of oc wibrcs mgnst 'that of the accused I will thor fore rrcoodto review the evidence of the one princiaJ witness end only refer to the evidence of the oheD 'Titnesses in passmn Pw.1 Tamika d/o IVilako was at that time the wife of the accused ut it is common ground that there ras a blazing row between them and she had left him nd gone to live with her brother Pw 2 at whose house this incident took place.