19700325 TZHC Dar es salaam

/ IN THS HIGH cOURT OF TANZANIA L AT DAR ES SALAAM CRIMINAL APPEAL NO. 170 OF 1970 Original Criminal Case No, 154 of 1969 Of the District Court of Sôngea Disrict at Songea Before P. Llsiska Esqo I Resident Magistrate SIMON NUStJHELA ..... •• • * •.. . .. ...... APPELLANT versus THE REPUBLIC .. . 4 •• • • • • • • • . . . . . . . . . . . . . . . . . RSPONDENP CHARGE: Unlawful wounding c/s 228 (i) of the Penal Code, DG!.ENP Summary Rejection BIRON,, J. - The appellant was convicted of unlawful wounding and he was sentenced to imprisonment for two years. He is now appealing. ividence was given by the complainant and his sister to the effect that the appellant had been married to the sister and had sent her away * it is not recorded whether he had divorced her or not - but he had been dunning the complainant for the return of the bride- price for sometime. On the night in question the appellant came to his ax—wife's house and stared beating her up, all on account of his not having the brideprice refunded. Attracted by her screams, the complainant who lives nearby, came to her house, and the appellant on seeing him, told that he was 'hopeless' and stabbed him with a knife in the shoulder inflicting a out wound. The appellant then ran away. The evidence of the complaInant and his sister was confirmed by that of two independent witnesses who also came to the scene and saw the I assault. Both witnesses knew the appellant well. In view of this evidence the magistrate was perfectly justified in rejectino the appellant's alibi although it was supported by his wife with whom he was currently living. In sentencing the appellant the learned maistrate remarked that the use of such leth1 weapons called for deterrent sentences. With respect, I could not agree more. I am satisfied and so certIfy, that this appeal has been lodged without any sufficient ground of complaint. It is accordingly summarily rejected. And the sertence which requires confirmation by this Court, is hereby confirmed. (PHILIP BIRON) JUDGE Dar as Salaam, 25th March, 1970-