19700223 TZHC Dar es salaam

LJL tN THur HIGH COURT OF TAflZANIA AT 1?AR Ii'S SALAAM CRI!flNM4 A?PFAL 10. 50 OF 1970 Original Criminal Cane Uo, 202 of 1969 Of the Diotrict Court of Singida District at Singida Before A. B Lugendo rsqA # District Magistrate MUtANaA LABIa . . . .. • , • ••• . . APPFLLAN versu ffttrr' TT'D 1'F LJL& . B a-.s B B, • B B B B BIB B I S • II B B I I BI - - - CKRG: Causing grievous harm, contrary to eection 225 of the Penal Code. JUDGMFWP Summary Rejection tTSPAFA, J. - Appellant was convcted of causing grievous harm and sentenced to twelve months' imprisonment and waS also ordered to pay compensation to complainant. Complainant, an elder of the village, intervened in a quarrel between appellant and another pei'son in a house where pombe was being drunk. Appellant resented oomplainant' inter- ference, went out of the house and came back with a stiok and beat complainant on the head, felling complainant. The appellant -stamped on complainant's chest, fracturing several ribs. The trial magie'trate found appellant had acted unlawfully when he attacked complainant in the way he did.- Appellant had alleged complainant had abused him, and he therefore lost control.- The trial magic tratc found, in all the circumstances, appellant'ø use of force was completely out of proportion to any provocation, if any. I cannot say the 'trial magistrate erred. In his appeal, appellant alleges it was complain- ant who had attacked him first.- At his trial, he only said complainant had wanted to attack him first. In my view the appeal has no merit. - - There was sufficient -evidence for the trial magistrate to find, appellant had unlawfully caused grIevous harm to complainant as charged. In view of the serious injuries sustained,, the sentence is not excessive. I certify that after pcusing the record, I am satisfied that this appeal has been lodged without sufficient grounds of complaint and order that it be rejected summarily. Dar on Salaam, - (A, MUsTItFA) 23rd. February, 1970, JIJBGF.