19730126 TZHC Kondoa

I IN THE HIGH CO1NT OF TNZAI\TIA A! 0AY1 4 C_ 4 AT KONDOA CRIMINfL SESSIONS CASE NO. 11 OF 1971 THE RL:PUBLIC versus DEIELO s/o J1ThE rCHU,GE: ^Y NDH;ER c/s 196 OF PENAL CODE JTJDGENENT 1 1AVAS J - The accused, Dendelo s/o Junbe, ánds charged with aurder c/s 196 of the Penal Code. It is the Republic's case that 1 the accused on or about the 9th day of August 1970 at Kwantoro division in Kondoa district, Dodoma region murdered one, Sanda d/o Marama. The accused admits killing the deceased but in his defence he argued that he was at the time he committed the offence insane and that he did not know what he was doing. That the accused was acting under insane delusions there can be no doubt. Junbe Senga (P.W.2), father of the accused ielated to the court how dn the night of the incident the accused left his room and came to him and reported that there were animals reeemblin sheep walking about in his room. Soon after the accused said to his father - "Father let us kill each other. U The father asked the accused why he was saying so and thereupon the acuusecl threatened to hit him with a stick he was carryinc. The father ran outside and while he was outside the accused took a bow and arrow and shot his mother, the deceased,who was sleeping inside the room. The accused then followed his father held him and threw him to the ground. The witness further told the court that because of the accused's peculiar behaviour just before he killed his mother he had decided to send him to hospital next morning as he appeared to him to be mentally unbalanced. After hearing p.!.1 T evidence and the other prosecution wit ness the court found that it would be unwise to go on with the case before ascertaining as to what was the accused's mental cond.- tion at the time he inflicted the fatal blow. The count therefore ëi adjourned the proceedin u/s 168A (1) of the C.P.U. ci' ordered the accused person to he detained in Isanga Institution for medical observation, examination and report. The psychiatrist has in compliance with •section 168A (2) of C.P.U. now furnished this coirt with a report regarding the accused mental condition at the time of the alleged offence. The report was produced to the court by the learned defence counsel and was admitted as defence exhibit A. The accused in his brief defence told the court that at the time he attacd and killed the deceased he believed that he was attack- ing a lion. 0 • • • • C • • . / 2... -2- I I After summing up tothe gentlemen assessors both as:essors were of the view thait the accused killed his mother when he was mentally disbed. With that finding I an in full agreement There is the cvi- cience of the accueedts father (P,1rT,2) who told the court how the accused behaved strangely just before he attacked and killed his mother. Indeed he himself cane to the conclusion that nioht that the accused had become insane and was to send him to hospital next morning. • n supiort of this witnesses's evidence we have the psychiatri'st' s report which is to the effect that while in hospital the accused suffered from visual hallucinations in that he talked of running away from lions which were about to tear him to pieceS This tallies with his defence that he attacked and killed his mothc:: b cause he thought he was killing a lion. e According to the doctor the accused probably suffered from a schizophrenic h-reak-dom episode and hb is of the opinion that the accused was of unsound mind when he committed the alleged off enc. On the evidence I see no good re son to differ fr u the psychiatrist 0 opinion. That it was the shooting (with an arrow) of the deceased by he accused that caused her death is evident from the doctor's evi- dence (p.w,1 ) who told the court that the arrow pierced the iiear, liverid the stomach and that the cause of death was i1ae.1orrhage and shock. Equally there is no doubt that the acts of the accused were unlawful. He was however insane at the time he committed tb' offence. On the evidence I have no alternative but to make a special finding as required by section 168(1) of the Criminal Procedure Code that the accused Dendelo s/o Junbe did murder his mother Sanda d/o Marama as charged but, by reason of his insanity as afore said he is not guilty of the offence, 9 :$ccordingly make an order under section 168 (2) of the Criminal Procedure Code that the accused Dendelo s/o Jukbe be kept in custody at Isanga Institution, Dodoma, as a criminal lunatic. It is further ordered that the record of those proceedings be submitted to the Second VicePresident as Minister for Justice. Delivered in Court at Dodoma on this the 26th January, 1973. ( / / Nn.zaas - JtJDE.