19730119 TZHC Mwanza

Ic 0 fl THE HIGH COURT OF TI1TZANIA AT M7JNZA HIGH C CURT CRIMIIAL APPEAL No • 5 OF 1972 -- Original Crimi.n4 Case No. 906 of 1971 of 'the...Distiict Court of Mvtanza District at Mwànza Before H.A. Msii, Esq., R. M. ALERY 0TIE .................... APP]LLAIT versus TIRRERTaIC .""... .................RESPONDENT CHARGE: Assault causing actual bodily harm c/s 241 of -(,he Penal Code JUDGE[VINT MAIAME, J. The appeal by Salvery Otieno is completely destitute of merit and I would certainly have enhanced the grossly. inadequate sentence of 12 niouths but for the fact that, the appellant was already released from prison when the appeal cime up far hearing. The appe1lax 'savagely attacked the cplainant ,NGE1EJA IVIALIMI, a co-tenant in a house at Mabatini during the night o2 7th Auist 1971 when he complainant asked the appell ant s wife why she was urinating near his door. The appellant hit the complainant with a stick and then went to fetch a panga with which he twice cut the complainant, on the head. The complainant o1d the court of tt'ial that he clearly saw the appellant athsaulting hin and there was also the evidence of Liohanied Almasi, another tenant in the house, according to whichwhen be hoard the. coniplainaiit t s. ,-wife cries that her husbandwas. dying, and,he went to see what was up, be saw the appe1lant oerying a bloo,d-Boiled panga and chasing the complainants s wife • The op1ainant was prostrate on the ground in a pool .of b1ood In de±'enc é the appellant said his wife had gone out to urthate and *e.co1&.3aent asked her why she was doing so just outside his room. He then to1d the unczivncing story that it was another person who fought with the oip1ainant as a result, which fable was properly rejected by the 1eaxTie'd trial ,inastrate.' In his petition the appellant did not raise any matter of worth and I dismiss his appeal entirely. The complainant thi±'fered a 10 x 6 cm. cut wound on the frontal area 1 of the he ad, and al 18 x 5 cm • one on the tenfporaJ. reion. Despite the fact that the PO'àation, Officer told the trial court the appellant was only 23 and an orjhall, as I have indicated I would have enhanced the sentence--. but for the .fadt,that the appellant has long already regained his liberty. Mwanza L.M. Malcane 1'rrrrm 19th January, 1973. (J VJJ,;:J Delivered in court at Mwara on this 19th day at' January, 19730