19721110 TZHC Arusha2

I. 14 .1 . CU U.: tA Z* ,. .I ir* cxai *gent ceu,rtcton M is t)L*zefor* dtsted .1 '1 CV.. -. .. O•OOØ$S•i '—.5 iO.,GcO*..o.i, \) . .. - . . '— —'. 5 5 ,,_'• -' .' - S ._—.#---S_, • S- •%-sj's• .I • S. •4 c\ & '—S.- O. (c) C3 ko 'c:' o e. C C 0 c 3a at 2J f' . ...,. .J L.. - ) QC r.': - o cr cc' zC c':;o cT CY C cc1 crc; C1 CT' c z' o cDv £L c2 c ct cJ.) C vj c - ci c- c 07 I -' —.---. S. — - -. ' S - . ø- •1 "' rs - 5- *. 5- 6' ,s._C , • 0 -- O t2L SO ccc Tz t; £CC Cvo cft :7v.go.. •'.) Ar IN THE HIGH COURT OV TANZANIA (Let AT ARUSHA. .. 72 HIGH COURT CRIMINAL APPEAL NO. 0 0...of 19...... 22 2 0, 71 ORIGINAL CR IMINAL CAS] NOow: woOf 19.... OF TEE DISTRICT COURT OF, , .. .. .DISTRIOT AT. O ' C 0 Before... "0. 0OCC ,.Magistrate. Ramadharil s/o MIgi ., ,... , . ...... ,... , . . . . . . . . •••• 0 0 • 0 o . • .Appellant (original Accused) vrs THE REPUBLICS 0 0 0 0 0 0 0 0 C 0 C 0 0 C 0 0 0 Ct C 0 0 (. 0 Z, ,,,,, . R~spondcnt. ,Arôsccut or ).. • ;. Appellant is convicted of 'Ste ngbAgont end' 1scntc nced to 3 years imprisonment.. He now apt ais against conviction j.and sent one o. 1 In his memorandum of appeal the appellant states that there , / / was not enough evidence to prove hestolo three iron sheets. Learned / State Attorney stated that there was overwhelming evidence to prove the guilt of the appellant and the appeal should be dismssed. Going through the r ecord It is cloar that trial Magistrate triad the case with care and dealt with all points before him. There were true eye— witnesses P O W2 and P.W3 who gave their cvddence. There is nothing In record, judgment or memorandum of apnoal that • will make mc reverse lOwer court's finding. As for sentence LOBDflOd A. State Attorney stated that there is no evidence as to the value of property involved i.e. If it is moc or less than shs. iOo/= and In Its absence the court should have opportunity to state special circumstances. He said let the casefile be sent back to trial magi- • strata to make a finding of special circumstances if any. Going through the record it appears that Stao Attorney is right. P.Wl said 3 Iron sheets, boars and other items valued at shs 0 169/ were given to the accused. Appellant is charged and convicted of stealing 3 iron sheets but uts value Is not clearly proved. For those resons I order that casefilo be sent beck to trial magistrate Tnaga who vill call the appellant before him and make a record of s -eccial circumstances Ifary. .Patel, Ag0 Judge. 17/11/72. D1tvered this in court this 17th day of November 1972 In presence. of State Attorney. J.B.Patel • Arusha. Ag,. JUDGE. 17/11/72. J.B.P/erew.