19740120 TZHC Singida

/15 I N THE HIGH C OURT OF TIITZ NIL AT SINGIDL. E.A..C.I. 'CRIMIUAL APPEAL NO. 17 OF 1974 ORIGIN.L JURISDICTION (DODOML REGISTRY) ." CHIMIMAL -rESSIONS CASE NO. 154 OF 1973 THE REPU1IIC VERSIJS CHAGULEPOLI 1974 J U D G E ME N T The accused is charged for that on about the 5th day of March, 1973 he did murder one Gabriel alias Mtachama sb Uwinja. The medical evidence showed that the accused did as a result result of fracture of the first and second vertebral from a blow at the nape of the neck. The body was identified to the doctor in the presence of a police officer. The prosecution led evidence to show that the accused and deceased were on separate groups at a ponbe club. PU1 said that the (deceased - Jee summing up to deceased part bracketed. Para 3 - vide J3 in Summing Up. PW4 so far, as the attempt to show that the accused was. inside the house when the deceased was killed it was not successful in that all that the two defence witnesses did was to corrob2- I rate the evidence of PN,5 that after the accused struck the deceased he went inside the house. The defence was an alibi but there' was no evidence proving or even raising a pobability that the acbused was inside the house at the time the deceased was struck outcido. 5. I have no hesitation in finding the facts as put forward by the prosecution and (See part bracketed in Sunning up) ADD. I accept the evidence that the accused untied him- selffGer he was arrested and then ran away; He said he ran away to go to a police station but that was no evidence that he went to any. All this shows that he was not very drunk. His motive for striking the deceased was that he was peeping to him - very frivolous but nonetheless this was what operated' in the mind of the accused. Assessor No. 2 empressed the opinion that t1i.'qcused is guilty of manslaughter implying that he had doubtsâ.to whether malice afore-thought had been proved. With ±spect, I must agree with Assessor No. 1 that the offence isrnrder in that miice afore-thought has been established I'. can find nothing. on the evidence in the whole that rebut - I accordingly ,find the accused guilty as charged. . . / 16 /16 Conviction Lccused is convicted of murder c/s 196 of the Penal Code. ALLOCTJTUS I have nothing to say but ask the court to be considerate. SENTENCE Lccused is sentenced to death by hanging Right of Appeal to E,A0004'... explained. C. E. Bramble Judge 2/1 /74. /1 7