19750217 TZHC Arusha1

... PPP - IN TIHIGH •m Ccu P1TT-T OF TA1\TZIA APPELLATE_JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 100 OF 1974 ORIGINAL CRIMINAL CASE NO. 96 OF 1973 OF T} DISTRICT COURT OF HANANG! DISTRICT AT BABATI BEFORE:- J. N. NIAZA, Esq., District Magistrate JIJIVtA N GO ZI .............................. . APPELLANT (Original Accused) versus THE R:E.PTIBLIC ............ . * . ...... . . . . . RES:PONDEI'JT (Original Prosecutor) CHANGE:- Grievous harm c/s 225 of the Penal Code. JUDGENT MAKAME, J. The ape11ant very savagely attacked IDI SIZA P,WS2 with a panga on the forehead and the right arm as a result of a siiiy quarrel over a shilling. When his appeal was admitted it was mainly so as to enhance the unduly lenient senten. 3 of eighteen months imprisonment and shs.50(/= •ompersation. At the hearing I raised the jail term to four yers and I now increase the sum to be paid as cgmpensation to shs.3,0001=. I proseed to 5tate why: The appellant had prepared noml e liquorfor sale at his house. The complainant was one of the customers, aE were also RASHIDI SIZA and JIJMA NPANDA, respectively the complainant's brother and prospective brother in-law. I am satisfied it is true. Mpanda and the appellant quarrelled and then fought when the appelrant insisted on being paid a shilling which Mpanda maintained he had already paid.. The complainant offered to pay the shilling to which the appellant reacted by badly slashing the complainant twice with a panga. He inflicted a 12" X ' wound on the right forearm, a 6" X 1" one on the right forehead, and a 3" cut right into the right eye which lost its pupil as a result. In his unsworn statement at the trial the appellant said that on the material day he was alone with his wife at home and that he did not at all see P.W.1 and P.W.2. Mpanda did not go to the homestead either. The learned trial magistrate was not taken in and he duly convicted the appellant, quite properly in my respectful view. In his Petition to this court the appellant told a signifi.tly different story, owning inter alia, that he did have fight with Mpanda on that day. The attack was cruel and proved, and in the ciroumsta.nces the punishment meted out was found to be patently inadequate, hence the enhancement. Appellant present in person. Mr. OSINDE for Republic. (L.. M. M.AKAME) JUDGE. Delivered in Court at Arusha this 17th day of February, 1975. /MTPM. . .