19721115 TZHC Mwanza

IN THE RIG-H COURT OF T.thZANIA at Nwaiaza RIG-H COURT CRIMINAL APPEAL. NO. 276 OF 1972 ORIG-IFAL CRflL' L CASL NO 3 O] 1972 eel / OF THE DISTRICT COURT OF IHRG-WE DISTRICT AT JUL/GWE -Before. F.i\T, BUBERWA, Esa., , .... ... District Magistrate ISINGOi s/c OBAGASINGILE . , . . . .. .. .......... Appellant versus THE REPUBLIC ............................... Respondent Charge: Arson c/s 319 (1) of the Penal Code. SUIIARY DISMISSAL MAKAME, J. — On being found guilty of Arson the appellant was sentenced to imprisonment for three years. He is now appealing against conviction and sentence. The facts are in very short compass. PW2 told the trial court that one evening in July, 1971 the appellant arrived at a place where PW2 and other people were conversing, and bragged that he had assaulted Faustin, PW1 1 s husband. Faustin, who happened to he passing-by just then, over-heard the bragging and told the people that it was not true that the appellant had assaulted hirn. This denial led to a fight and when he was walking away later, the appellant satd he would set Faustin's house on fire. After about five minutes Faustin's house was on fire, and when a crowd of neigh- bours went to the house they found there a calabash, a jacket, and a note-book, all of which they recognized as being the appellant's. Uhen they went to the appellant 's house the appellant fled and stayed away for some three months. According to the record the appellant admitted that the calabash and jacket were his, but said that the book was not. At the close of the prosecution case the appellant indicated that he did not wish to say anything or to call witnesses. In his appeal to this Court the appellant now says that the trial magist- rate refused to.allow him to defend himself and to call witnesses. He also suggests that one of his own brothers might have planted the coat where it was found. I am not at all impressed by this, and I agree with the learned trial magistrate that the charge was sufficiently proved. The appeal against conviction is dismissed. The sentence of three years is not too harsh for Arson, especially cohsidering the fact that this offence is sadly too common in the West Lake Region, and the fact that when the appellant committed this felony PU1 and her two young children were inside the house, and in bed. The appeal against sentence is therefore also dismiseed, and the punishment given is confirmed. MWANZA (L . J. Iiir) 15/11/72 JUDGE