19760403 TZHC Singida

LLA IN THE HIGH COUTT OF TANZANIA AT SINGIDA dIGINL JURISDICTION .(D0D0MA REGISTRY) CRIMINL SESSIONS CASE 1400 46 OF 1976 • . S , • . • ) 2• . THE RE1JBLIC .5 • . , •• 5 ... •-. .., :VERSUS YOHANA S/O MAKALA @ 1iAJEMBE MKALA charge: Murder c/s 196 of the Penal Code0 JUDGMENT MNZAVAS,JP • •. ••••.: TheaccÜsed Yohana Nakala @ Mie Nakala stands charged. with muIrder d/s 196 of the Penal •Code • • It is the Repuflc case that the accused on, or about the 28th day of August 1"7 at K icri village, Iramba district, in Singida region, he, of malice-aforethought killed one Mndza sb Kiula, his father is no argument in this case that.,it s.the accused who, on the rnorning of 28/6/74. attacked the deceased, his fther,pn the. hod with adlub and killed him0 •••.• The accued howevcr pleaded in his defence that he was at the time he killed hi father suffering from insanity and that he, by reasn•of insanity, h did not know what he was doing0 Accusedcs young brobher (PW) testified to the ccurt that he wa present and that he saw the accused attacking their father on thc heac with a club. According to his evidence the accused had ? beerl suffering from mental distrLbance before he attacke,cI the deceased on the material clay0 acuse d s mother (PW2), ga e imi1ar evidence as John Makala (PW1), regarding accuseds mental condcion before the incident. She further told the court that the accused had been a mental patient in Mirembe Governmerlt hospital before Y. attacked and killed his .5 . -... . S -. .• S d. Inspector Shogolo (Pv3)., the invcstigating o.ficer, related to the court that the accused appeared to nim to be mentally queer as he talkect uiintelUgible language when he was ar'esti'him Ip hinsworn defence the accused toed the court that he became insane in Nay 1973 when he was in Arusha and that in July ithe same year,. he was adm:iittéd to Mirembe mental hospital where he was treatec for ab.o.it ,thee: months • In Septeer 1973 .he was , sc.aged home .... ' i •L. S '. - with marked- inpx'overrieñt- and that lic iaiiaged to cultivate his •shambas that year. L -• ••• 5 555; 5 5 12 5,. According to his defence, in August 1974 his mental disease relapsed and khile he was in prison he was surpried to be told that he had killed his father... In support of the defence case the learned defence counsel produced to the court psy.chi :aErist's report (defence exhibit A) regarding accuseds mental condition. at the time he killed his father. According to thedoctor report the accused was, on admission to hospital, "incoheren.t with flight of ideas and talked rubbish." It was the doctor's report that the accused had previouslyben admitted to Mirembe: mental hOspital (on 20/7/73) suffering from mental disease . known in medical jargon as schizophrenia. - In paragraph seven of his report the doctor says: ?tF±.om the clinical observation and statements from eye witnesses I said accused •.i psychiatrically il1and I form an djinion. that it is most likely that he was psychotic at the time he committed the offence 11 . After my summing up tbthègertleen - ssessors they were both of the opinion that the accused as mentally unbalanced when he atticked and ki.11ed his father. It has in this case been amply proved by the defence .thátth accusd was a mental patient. n Mirembe hospital long before he attacked and killed his father on that fateful day. This fact is supported by accused's mother (PW2) as well as the doctor's report (defence exhibit A) Just bcfore he committed the offence he had shown signs of a relapse and soon after the offence the investigating officer found the accused to be mentally abnormal. Taking into account all this evidence, and the fact that the attack of the deceased by the accused was without rhyie or reason, I I tend to a 3 rcc with the gentlemen assessors' opinion that at the time the accused attacked and killed hi father he did not, by reason of insanity, know w -iat he was doing, c or if he knew what he 7was doing he did not know that it was wrnj. I accordingly hereby make a special finding under section 168(1) of the Criminal Procedure Code to the effect that the accused Yohana Makala @ Majembe Makala, did murder his father Mndeza s/o Kiula, as charged but, by reason of his insanity as aforesaid, he is nt guilty of the offence. I also order under section 16a(2)(a) of the Criminal Procedure Code that the record of these proceedings or a certified copy thareof be submitted to the Minister of Justice. In the meanwhile the accused.. Yohana Makala. is to be kept in Isan4a irIental Institution as a Criminal Lunatic. SINGIDA N. S. MNZAV4,JUDC 3/4/76 Kinabo f oz. , L Mbezi for the accttc1.