19741123 TZHC Dodoma

IN THE HIGH COURT OF TANZANIA , AT DODOMA c APPELLATE JURISDICTION HIGH COURT CRIMINAL. APPEAL NO0 256 OF 1973 ORIGINAL CRIMINAL CASE No0 229 OF 1973 OF THE DISTRICT COURT OF'SINGIDA DISTRICT AT SINGIDA Before F.A. Munyera0. 0 e.... • •. .. a. . ... .Resident Magistrate • SALUMU MTANDUCO.0000000.O0000000 0 00 000 .000000000000000.Appél'lant (Original Accused). Versus THE REPUBLIC0 a e a a 0 .Respondent a oa a 0 0 0 0 00 0 SO 00 000 000 sO 000 000 . OS (Original Prosecutor) Charg: Robbery with violence c/s 285 and 286 of the Penal. Code0 J U D G M E N T MJWIGANO AG0 J. This is an appeal against a conviction for robbery and a sentence of imprisonment for a term of seven years. The complainant was pounced upon, felled and robbed of shs. 10/= and a shuka 0 It was about 7 p.m. The only issue was whether the appellant was one of the two robbers. There was only one eye witness, the complainant himself 0 But he had known the appellant before In fact the appellant was his nephew0 According to the complainant he heard the robbers when they talked to him and it was not very dark0 On this ground the trial court believed that he had sufficient opportunity to identify the assailants by a ppearance and by voice 0 respectifully agree and would therefore uphold , the conviction, As the sentence he received was the statutory minimum I find that there is no merit in this appeal0 I therefore dismiss the appeal in its entirety. Judgment delivered in court. 23/11/74 D.P.MAPIGANO AG. JUDGE