19750227 TZHC Dodoma

41t. IN THE HIGH COURT OF TANZANIA AT MBEYA ORIGINAL JURISDICTION (DODOM REGISTRY) CRIMINAL SESSIONS CASE NO. 140 OF 1973 THE REPUBLIC VERSUS HASSAN s/c MKt3NBU Charge Murder c/s 196 of the Penal Code. J U D G E M E N T MNZAVAS - J. The accused, Hassan Mk'wnbu, is charged with murder. The prosecution case is that the accused on or about the 26/4/73, at Madibira in the district and region of Nbeya, murdered one, Mugaru d/o Mbandanga, his wife. It is not at all in dispute in this case that one, Mugaru die Mbandanga has died. Equally it is not disputed that the deceased died a violent death. The, accused admitted that it is he who inflicted the injuries that caused his wife's death, but pleaded that he was at the time s mentally disturbed and that he did not know what he was doing. After hearing evidence fraccused's son (PWi) and that of his daughter (Pw2) to the effect that at times the accused used to be mentally depressed for no obvious reason.; and after DR Nicholson (PW4) had told the Court that the accused a.peared to him to be "not quite normal mentallyil the Court made an ordr u/s 18A of the Criminal Procedure Code and the accused was accordingly admitted to Ivlirembe Mental hospital for medical examination and report. 41 On 17/2/75 Medical report on the accused's mental condition was received and the trial resumed., The learned defence counsel produced to the Court psychiatrist's report on accused's mental condition which was admitted as "Defence Exhibit Ar'.' The report is to the effect that the accused is suffering mental disease known in medical jargon as Paranoid Schizophrenia. The doctor says in his report that he is of the opinion that the accused was of unsound mind when he committed the offence. After my summing up to the gentlemen assessors, they were all of the unanimous opinion that the accused was mentally disturbed at the time he attacked and killed his wife and that he did not know what he was doing at the time. With respect I tend to agree with the doctor's report and the unanimous opinion of the assessors that the accused. was suffering from insanity at the time he attacked and killed his wife. . . . . ./2 H, on the material night, thought that one, Laurent MafulikO, was committing adulterywith his wife, the deceased, whereas there was no such Laurance in the ±'oom. This is what the doctor describes in his report that "the accused had paranoid idea"that the deceased was commit'ting, adultery with Laurent and t.3ref ore his killing her. On the evidence the killing is unexplained, and in my view, inexplicable except upon the basis that accused's mc:atal faculties were at the time so twisted that he did not 1o.ow the nature Of his acts when he was brutally and viciously siabbing his wife; or if he knew the nature of his actshe did - nct know that they were wrong. The evidence as a whole has, in my opinion, anply established that thismust have been accused's state of mind at the relevant time. I accordingly make a special finding under section 1 E8(1) of the Criminal Procedure Code that the accused, Hassani s/o Mkumbu did murder his wife Nugaru d/o Mbandanga as 'charged, bu by reason of his insanity, as aforesaid, he is not guilty of the offence. I also make an ordo±' u/s 168(2) (a) of the C::.minal Procedure Code that the record of.those iroceedirgs, o - certified copy thereof j be 8tibmitted to the Second Vice - 1 P:c'sident as Minister for Justice In the meantime the accusod Hassa±ii s/o Mkumbu, is to be keptin custody at Isanga Ii.:titution as a dziminal lunatic a Jt\ DC 'OIVJA Ni S.TS 2'i /75 J1JDGr M:' inyi for the Republic Dhe'bar for the accused,