19721120 TZHC Mwanza

HIGH COUJiT CRIMIRAL APIAL No, 157 OF 1972 Original Criminal Cane No. .222 of 1971 o± the iaict Court of Nzega District at Nzega Before M.J. Lungbe, Esq.', Dist Meg. LkLAGOITG(JSA ................,.. APPELIANT versus TI HEPUEI1IC . .. RESPONDENT CHARGE: Grievous harm C/s 225 of the Penal dode. JUDGF1IBNT livJaI, J.: LMAG0 NJSA was charged wit}., and convicted for, causing iovous ha,contrary. ; to section 225 of th ciiHI Code. The conviction w as bsed a on 'satisfactory ovidexo .aid the sentence of 18 moThn was, if any tiiing, rather on the lenient sid e . The iP1ainant,' P.Vi.1, told the. trial court that during the night of 9th Zept.omber, 1971 five intruders., the appellant included, went to where he and Bizun had camped for grazing, ii the ve1dt, The people started driving away P.W.l' a cattle and one of them, thó appellant, threhtened to 1 and did, stab P.W.1 on the abdomen with a spear. P.W,1 S, Vi the ape1,ant quita. clearly because there was moonlight and he and the appellant, whom he hd known for some three months before the incident, were about two nacos from each other. The evidence'of BIZURtJ K.?JJEGHA P.W.2, closely resembled that of P,W4, and I,W.2 added that lie unsuccessfully gave chase when the apie1lait ran awaj fron the scone, leevin tie weapon there. In hi"iP evidence, which he gave on oath'the appellant Said the spear was his ec.épt that it was in fact seized frii him by the Police, not got fm WM iOUSSMs TWA# claway On "garA thc.*jt, he * cz'toltht in fact the 2pesz' was not his, and he did not knv who the ovnoz' 1a&. The trial magistrate, positively iirrIrossed by the Prosecution vdtnesses, was satisfied that the ap.e11an -t did commit the offence, and there is nothing in the record, or in pae1iant a petition, vilrLch wald porsuede'me to die- Lthe . aace with the finding ofLtrial court. The appeal is dismissed, and the sentence of 18 months is confjime'd,,'' I.L'TJdTZA: . I .M • Maknc 20th iToveiber, 1972. . . JUDGE Delivered in Court on the 20th day of November, 1972. N