na TZHC Iringa

" IN Ti-I}i HIGH COURT OF. TANZANIA I AT IRING-A 4 ORIGINAL JURISDICTION (DoDOk IJGIsTRY) CRININJi SJSSIOiTS CASJ NO. 76 OF 1972 TIi REPULIC ITPRSUS ISIDORI Charge,: WP.ITTJN TflIEATS TO 1 ,17MDFJi: Contrary to section 214 of the Penal Code. J U J) G B M B N T The accused is charged with wTtting a threat to murder c/s 214 of the Penal Code. He has denied the charge. The only evidence against him is the opinion of handwriting export who has examined the written throat aid compared it with documents allegedly written by the accused prior to the threat. The prosecution have not so succoss:ft.11y, tried to prove that the accused had a motive in writing the threat. The threat itself does not boar any neme or signature of the uthor, who has remained Onynous throghout. It is the prosecution's ontention that the anonneous author is in fact the accused. There is no dispute that the wriCfl communication is a throat. The express words promise the death of the chairman of the Mufindi Pyrethrum Growers Cooperative Society Ltd (hereinafter referred as "the Cooperative). The anon3rmous author complains that the chair- nan has failed to pay the author and ether members arrears for the 1970 crop sold to the 000merativo. In the same letter the author also accuses the chairmen of rigging elections. It is in evidence however, that the accused had already got his arrears when the threat reached the Mufindi Area Commissioner, lie cannot be said therefore, as the prosecution would like the court to hold, that the accused had any grudge, against the chairman on this score. Having been paid his arrears already he could not harbour any hard feelings against the chairman for not rQcoiving his arrears. On the contrary, the accused had every reason to be thankful since many other members were not so lucky as to receive any arrears. As for the allegation that the chairman rigged elections, the,. accused could not be taken to have had anyause c for complaint. Le has never contested for any office in the Cooperative. The accused could net therefore be held to have. barboured a grudge against the chairman for rigging elections in which ho did not have any stake, except ac an ordinary member, . There is no evidence that the accused favoured any particular candidate at the tine of election. . . . . . /2 . . . .