19721124 TZHC Arusha3

c4 Q294m/ 17L47 IN ThE iIGff COURT OF TAUZAIM AT ARUOHA PPELLiY1E J1JEISDICflOW 1IG1I COUW1 CRILLtTAL AP?At NO# 284 OF 1-972 OUGINAL CRTh!XNAL CASE ZO 1412 OF 172 O1 TIM DI$TRIC1 COURT OF 1ILI1AN3AR0 DIGTBICT AT HOSHI efor $41. M knja, floaiaent Ma.gitrate, ALV( s/o :XDDI verBe Trfr ttn 1! t# jj3 UZ4-J W (ORGINAL PROPCU740F MG o Os4h1 P --.- iea. 2, Theappellant was convicted of the offence of 'fbbery with violence cf .28 5 and 286 of the Penal Code and sentenced to three ycare imprisonment. He ha appelled agint conviction and scntene. The evidonce of ?.W.1 'wee that on the 11th December, 19 171 the opeUant met him on the road, pointed i knife at him and thet4ned to stab him if he did not pro&ice money. .Ue then took 8hs. 40/ frova him.. .P.W came up on a bicycle and P.W01 told him.tbat the appellant, who was standing about ten paces away, had.rohbed him, The a,peUaut had a atone and a knife in his in and on pursu.tng him be ran up to' Nbuyuni where be escapedg The complainant later pointed him out to the police., who arrested him, P.W.3 said that be net the appellant with knife in hlis hand demandtng money. from .F.W.1 who complained ldf having been robbed. He identified the appellant by means of a stitched wound on his forehead. The sppeU.ant' cees was that he and the complainant had a fight over a wonton in the course of which he got a wound on his forehead. They had known each other befor.e and had drank pOnbe together the some dey,. 1e did not complain to the police about the injury be had received because P.I.1 had paid him ha.,10/= to settle the matter. It was beauce of this that a false re port was node agtnst him. He could not call as a v4tness the oman who had witnessed the fight as she had gone away to Bukoba. The learned magistrate was imressd by the witnesses for the prosecution and aeepted their version of the incident. In referring to the story of the appellant he did not direct his mind to the fact that be had a wound on his forehead and it was by this that P.W. 3 was able to identify him. This would give support to his story that be had been wounded in a fight with the coxrrlainsnt Taking hia evidence at the lowest It was enough to raise roasob1e doubt. I find that it will not be safe to uphoLd the conviction and the Republic was of the same view. I allow the appeal, quash the conviction and sentence and order that the appellant be inimeditely released unless otberise la*fnlly detained. Delivered in Court at Arusha the 24th day , of NoveuLber., 1912. OJ. bramble,