na TZHC Dodoma 8
I AIJI IN THE HIGH COURT OF TATZANIA AT DODOMA APPELLATE JURISDICTION HIGH COURT CRI]:T:TL APAL NO, 164 OF 1972 ORIGINAL CRIiiINAL CASE NO. 238 OF 1972 OF TEL .uISTICT COURT OF MBEYA DISTRICT AT BEYA Before I. H. N. Magessa Esq., ....,.Resident Magistrate GEORGE S/O MPENDAROHO. .. . . . • • •• O .Appellant (Ori:inal...
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- Citation
- na TZHC Dodoma 8
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1972
- Source Language
- en
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I AIJI IN THE HIGH COURT OF TATZANIA AT DODOMA APPELLATE JURISDICTION HIGH COURT CRI]:T:TL APAL NO, 164 OF 1972 ORIGINAL CRIiiINAL CASE NO. 238 OF 1972 OF TEL .uISTICT COURT OF MBEYA DISTRICT AT BEYA Before I. H. N. Magessa Esq., ....,.Resident Magistrate GEORGE S/O MPENDAROHO. .. . . . • • •• O .Appellant (Ori:inal Accused) Versus T H E REPU1LIC . . . o • • o Responden.t • . . • aaa . a • aa • a • • • • . • • • . . . . (Original Prosecutor). Chr1 e: Unlawful wounding c/s 228 (i) of the Penal Code. I JUDGEhNT MNZAVAS_.J. The appellant was charged with and convicted of unlawful wounding c/s 228 (1) of the Penal Code and sento::1ced to 12 months imprisonment. Dissatisfied with the filiding and the sentence of the lower court lie has appealed to this court. Both the complainant (Pwi) and the appellant are settlers at Songwe Resettlen.ent of offenders camp. On 12/6/72 the two quarreled at a tea-room in the camp. The quarrel led to a fight. During the fight the appellant attacked the complainant with a J panga causing him to suffer one cut wound 3"x on his tenporo- parietal region of the scà.Ip ashoi byPP3(:exhib±t'4). The appellant was charged with unlawful wounding and, on the evidence, the trial magistrate found him ?uilty as charged. In his defence before the lower court the appellant alleged that the complainant was about to attack hin with his panga when he managed to snatch it frrm him and cut him (complainant) with it instead. He has repeated. this defence in his memorandum of appeal to this court; adding that the complainant was the aggressor and that he was defending himself when he attacked him with the panga. 4 The learned resident magistrate did not believe the accused's defence that he inflicted the injuiry on the complainant in self-defence. This case was decided wholly on the credibility of the witnesses. The trial magistrate believed the testimony of Masale Pole, (PW2) the owner of the tea-room, who witnessed the quarrel and, the fight between the accused and the coriplainan.t. . . . . .. . .