19720512 TZHC Arusha

IN vrn H1G}! ctwr j' M,LUTE 3URT1MCflO 1I00 CCURT 0141L MP.M, gCo 61 of 1912 GIINAL ORhJIIM Ct2 ]CO, 1460 OF 1971 OF TBB D1SR1C COU O rAA b 3!11CtT AT ITA110A 2ef ore a.o wLa Re s ident 1gistratee drea i/O *3*Lto Appt11a* TIM 1 PULZC --------—----- Ro pcidozit (Gxiginal oror) c!r!L. Cattle thtt c/o 268 afta 965 of the Penal Code mbJL. Thie it -an appeal againat cooviotion antenoe oft a obrgo of Cattle theft contrary to seeticiis 268 ond 26 of thv Pen1 Coe. The appellant haff been a a.rvant Of P,W 2 ror ttve sears. WhUc P. W 2 *at aa the appellant took tiv heed of cattle from the herd of 2o His defenee Was that P. had agreed to pe him one head of cáttl 2 over3r 3rear of ervtos. After aOe time On be$g asked P#M two bead of cattle that hd alre&dy heon brnod. One of' the tf a Ve birth and P.V 2 allowed the apoiLant to pot his awn iar1. When the appellant got married P. 14 2 gave hitt wito e o4ow for milk; they told thC Nlk and afterffirde boaht fouv oos vAd a coat with tIo moi1eo fle was given another oow br ecetene e1ee Thder o -*nmttuttion he ecid that P,t 12 bad ivon him the five cowe itt wee *jjaSfjd. to hev .etolen and adMtted that be lied wbea he atid that he had bobt four cowe* go then cold that he had bou.bt 'three cows tod one wa tven to bm. The appellant'S sift, P.1. 2 1 said that he wra given three coøe as a help when he got married £nd that he bouebt two alto aie. P.W 2 wan not eked about any arrnnement to pair the appellant a hk!ad at cnttie for e'very year of eervioe. We admitted that he had given appellont'e vfe cattle for milk but maintained that the appellant kee nat entitled to take them avoye The cattle which the appe3lant had were frashly br*ndtd ard the tpøUant had never bran&ed anr with hit own 4 t mark before. The deferme was ao iconalatcot that it was not poneible to aa that the apellnnt wea makin7. a claim of right in good faith. Thee wa - tberotte no defence to the chore and I muet apbold the conviction. The tentence Ia the minioum preeoribed by law* The appeal ta dirsmistood in its Ontirety. Dlivore6 In Conrt at Arache the 12th dey of ftj 1972. C.L Xrnmble, /natbi.