19740116 TZHC Dodoma

IN THE HIGH COURT OF TANZANIA I - - ........ I AT SINGIDA ORIGINAL JURISDICTION (DODOMA REGISTRY) CRIMINAL SESSIONS CASE NO.1.39/73 -- THE REPUBLIC VERSUS CHARLES SIO SHIJA Charge: Murder C/s 196 of the Penal Code R U L I N G BRAMBLE J. In this case the only evidence against the accused is a statement made by the deceased that it was he who stabbed him with a spear. That statement was made to the police and other witnesses. There is nothing by a way of corroboration in that there is not one othez' bit of other evidence convicting the accused with the crime0 The deceased was alleged to have been stabbed after he was awaken in a dark room. The deceased told PW3 and PW4 he had identified the accused who had shone a torch on him and the deceased had removed - the blanket from his face. The whole evidence is such that as reasonable person can say with certainty that it was the accused who had stabbed the deceased, The evidence is.much too thin and I will not call on the accused. He is accordingly acquitted 'and discharged, 1_. 1% -- 16/1/74 C.E. BRANBL JUDGE.