19721213 TZHC Bukoba

c2i 4V IF TEL-2 HIGH COUiT OF 1iiTZIj AT iHHllZA. App:LLATF JUHISDICTICI•J HIGH COUPT CHIMIN4L .APPLAL NC0 174 OH 1972 Original Criminal Case Ho. 503 of 1971 of the District Court of Bukoba District at Bt'dcoba. Before W. R. Nramba .Esq., Resident Magistrate W ILLIAIi GABIIIEL ... ....... 0*00 G* 6Ge•• .60.6000*000 ffffff 0* 00G•APP)34L14.ALTT - (Original Accusod) versus: THF HHPUBLIC .0191 000060*00 00.sop*0600*00e Go .00 ..000.e o.rHESPOHD_'IJT (Original Prosocuo CHAnGE: Arson c/s 319 (a) of the Penal Code Cap. .16 of the Laws, •CTT. MAICAME, J. WilliaTh.brals convicted for Arson at the Resident rIa.istrato 'sCout Bukoba, and committed to tue High Court for sentence 9 He also apçaIed egiuet tue conviction. M ien the rnatoi came be±ore me I dis'nissed -the apcal forthwith and imposed a sentence of three y Gays imprisonment, now L10 i osos 1i for decision The coleplainavib told the trial court that he actually grappled with the apellant after sieing him sat fire to his house on a mo3n—lit night and that he let go of hi o±uli non the comp±ainant's wife cried out that the childroii were burning ins.ide the hous liuberta, the complainant's mother, said when she reached the scGno in- .answrto )aur sonts cries she found her son still strul1ng with the appellant. She could not assist bccaus sue is an old woman. Another witness was a neighbour, LABHRT KThSIIL, who said when he was going to the compi house from where he had heard n alarm he cathe across the appJ ~c about a hundred paces from the house, He asked the appellant What amiss -there and the appellant said the complainant was alleging that he, the appellant, had set fire to the complainant's house. He found the complainant's house indeed on fire and the complainant told, him, in the presence of c -thor villagers, that the appellant had set the house ablaze and that he had struggled with him. The accused told the court of trial -the court that on 1/7/70, a day after the alleged aron, he went to Bukoba Township and when he returned he was told by his wife that the complainant's house had been destroyed in a fire 1 Uieowjf gave evidence of no material consequence In his Petition the appol1ant raised no -thing now of any real substances Ihonc breath he t o assort that he lives in the same village as . --±he comp1ainn -t, and in-the nô:t that his house is some 2 - miles away . The laarnd trial magieta to 'as Lnpessed by the complainant and his mother as reliable and tniuthful TiltnoCSes trilose evidence las £u,Athar trcnghonod b thai of PW3, an independent witness. He observed that if tha appellant had not been implicatod no gould not have failed to uo to his nel b hbour's assistance. I satv nothin in tue cidencc, or in - ,th iral magistrate's rcasonin b , -that wu1d reasonably iuisuade me o diearco with the trial cout's de cision , It uas bicause of. the £o1co1n that f tioiissed the appeal and sentenced. the a9pel1ant accoidingly. L (L. H• Bukoba: - TTT - December 13-tn 19, - .