19720329 TZHC Dar es salaam

- Alt, IN c'iw man couni' OF TANZANIA AT DJWU4AAM A t z *LLATR 3 URZ kI3ICTIOW - --- 0101 GOUT CIUAL Ai 1, uo. 630 OIL192 QRI0Wfl C..IL1INAI CA8Ifl0. 4 OF 1971 (of the District Ou't of Jongea District at Uongea, Beforet L.J. R. Chue, Vsq., Zee1dent ?thgietrate) ZJtK*RLA 13/0 ALOIS MBAt'tLA ................,......... A1ALLART (Original Accused). versus 'PU? LThPUBLIC (Original Prosecutor) JUDOIfl4WP. NJaLASbicDo, A0. 3... The two accused prsone in this case were charged and convicted of Wop-Bresking and Robb.ry with violence c/s 296 (1) and 236 of the Penal Cod.. Each accused was subsequently nantencsd to 3k years' imprisonment on the second count and 3 ysare imprisonment on the first count. Sentences were to be concurrent and were to carry with it the usual statutory twenty four strokes of ooi'poxal punishment. Only the let occuod hae .peale4 eainst conviction and sentence. On going through the evidenc, adduced in the case, I cannot ace that there is the slihteet doubt as to the guilt of the the two accused. The learned )esident Magistrate has in a clear and fair summation of the facts found that the two accused together with other person, who siparent1y could not be traced and brought to 3uetice, jointly broke into complainant's shop, one Leonard Anthony (PW.l) and using personal violence to Anthony and his wife robbed thorn of money and one wrist Roamer watch worth alt.. 120/a. Anthony clearly i identified the two accused as being in the group of persona who broke into his shop and who viciously attacked him and his wife on the night of 3rd January 1971. In carrying out theIr crime the accused are said to have used a hammer, an iron bar and other malevolent weapona, including a gun, which it appears the accused and their confederates ehot in the air to threaten the co21ainant and his wife into eubsaission. According to the medical examination r.ort, Anthony suffered one cut wound on the Dkull, mea- suring 1 inch long by inch wld. by 1/8 inch deep. 1e had to stay in hospital for eight days receiving treatments His wife, Adolofina d/o Oervasi # suffered two sounds one 5 cm and the other 2 cm, both located on the head. These wounds are said to have been caused by a hsrer. The identification, of the accused by the complainant Anthony is corroborated in every aetail by his brother Kasian Anthony (Pw.4) who cam to the rescue of lila brother. For sy part I have no doubt whatsoever as to the oorrctrieee of the identity of the accused parson and in the cireunietanses I find no substance In ap.1lent's oomlainta against his conviction. jug s,at on this ground must therefore fail. * .. . . /2 p I Pan-Olus sentc* on the two acLe4 persona, tha ldaratd AO-Sidont Hatte xiit17 f1t Qt tho Zaota of the Oue jurtified the imp tit1e* of a h#Avy eeitjae. 1kt, Z 46 not , think lhe eente izpomod veftootcin any iay the gravity of the Offancos committed b: the to aoc"Wed porawwo fttñbery sith Wlenoe ka eidmittedly , e OUAVery eevra Santaftosel aze oiIed, for, .he eoue in thi caje rt 1oie ia, oarvyitg otrt the$.r oi'tne and good f0ttue that aono ot their viotims vas ki1t*t. ftAhaMoro both ac cwmd are adeoxo ariminals, having a atring of pwo COnViOttioram for tdiob $hey , lievo esrved rihozt pirn Urmso It to be 4 thet a 1onEr, term in piion i*iht bting hoe to the a0,014SO4 that orie 4ou tot pay. I Will anksaov the SO-10,0900 inpoeed on nptht, Zokavira ii/o 410i 1*bewaXa, to ono of ton yor& imprizowont. to be served. concuz Mly with that of ree sn On tho lt oowt. An for tAo 8400nd 30nod t&/o !iirxj Pomo1, befne thie Cot can pocd. to onitanoe his nent- ence, ho iv given en 4poztunity to ehot aene 14,hy Oe ntance ahoulA not be eAono4 in tho manner LLoeted in this juftemeAtto in Ccut at 1ir ee ftIVII41 tM 0 .29th 4 ct arcb 1972k X. k*eend)