19721124 TZHC Arusha2

or IN THE ElGU COURT OF TANZA1IA AT ABUSBA MPELLATE JURISDICTI ON HIGh COUNT CRIMINAL APPEAL NO. 284 OF 1972 ORIGINAL CRIMINAL C1SE NO 1412 OF 1972 OP THE DISTRICT COURT OP KILIMANJARO DISTRICT AT MOSMI Before J.M. Maokanja, eq., Reaident Magistrate. ALLY a/o IDDI 1roreu5 THE REPUBLIC ........•.....,... (ORIGINAL PRO3ECt7iOR) JUD 3 E ME NT Janslas J. The appellant was convicted of the effence or robbery with % violence c/a 285 and 286 of the Penal Code and sentenced to three years imprisonment. He has appelled against conviction and sentence. The evidence of P,L1 was that on the 11th December, 1971 the appeuvnt met his on the road, peinted a knife at him and thretened to stab him it be did not produce money. He then took Sha. 40/ fz him. P.W.3 came up on a bicycle and P.W.1 told him that the appellant, who was standing about ten paces away, had robbed him. The appellant had a stone and a knife in his band and on pursuing him be ran up to Mbuyuni where he coesped. The complainant later pointed him out to the pollee, who arrete6 him. P.L3 said that be met the appellant with a knife in his hand demanding money from P.W.1 who complained of having been robbed. He identIfied the appellant by means of a stitched wound on his forehead. The appeflant 'a case was that be and the complainant had a fight over a woman in the course of which be got a wound on his forehead, They had known each other before and had drank ponibe together the some day* He did not complain to the police about the injury be had received because P,W.1 had paid him Sbo.10/r to settle the matter. It was because of this that a false re port was made against him, He could not call as a witness the woman who had witnessed the fight as she had gone sway to Bukoba. The learned magistrate was impressed by the witnesses for the prosecution and accepted 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 hio story that be had been wounded in a fight with the complainant. Taking his evidence at the lowest it was enough to raise reasonable 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 irmeditite1y released unless otherwise lawfully detained. Delivered in Court at Aruoba the 24th day of November, .1972. C.E, Bramble,