19700319 TZHC Dar es salaam

4 IN THE HIGH COURT OF TANZANIA At Dar es Salaam L. Ia.... ( Criminal Appeal No. 130 of 1970 (Original Criminal Caae No. 217 of 1969 of the District Court of Njombe District at Njombe). BPORE A.S. LUWiGA Esq., ISThICT MAGISTRATE TLThWIMBILAGE LEVI .,,.,......,..APPELLANP versus THE ItEPUBLIC ,..,......,,....RS?0NDENT CHARGE: Cattle theft c/s 266 and 265 of the Penal Code Cap. 16 Vol. 1 of the Lwe. 3OG31NT Rotie MUSTAFA, , - Appe11nt with two others was charged with theft of a sheep. Appellant's two co-accused were acquitted and appellant was convicted as charged and aentenoed in terms of the Minimum Sentences Act. # Complainant's sheep was stolen and when he visited appellantte house be found a sheep was being roasted and also found two pieooe of sheep skin and a bone. Complainant recognised it was his loot inimal. When appellant was aeksd be ad itted he had stølen it in the presence of the witnesses and in fact offered She. 30/- to that the matter be not brought before the court. The 30/- wan produced in court as an Exhibit. Appellant mentioi4bis two other acousod had aceiited him and therefore the other two accused were also arrested. The trial mugistrate, rightly in my view accepted the prosecution story after he had considered it in conjuction with appellant's denial that he had ofemd the Sbs. 30/- or had mentioned the other two co-accused as being implicated in the theft with him. There was aufficiont evidence for the conviction of ape1lant as charged, The appeal contains nothing new and is without substance. The sentence is the minimum prescribed by law. I certify that after perusing the record I am satisfied that the appeal has boon lodged without any eufficient grounds of complaint and order that it be summarily rejected. Dar es saluamo (A. MUTPJ) 19th MarOh 1970. jUDGE. -