19770518 TZHC Dar es Salaam

---...- L - 4- .- . . - • IN THE HIGH COURT OF TANZANIA ?f/CL1 cj-1V AT ARUSHA APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO0. 49 OF 1976 ORIGINAL CRIMINAL CASE NO0 203 OF 175 OF THE DISTRICT COURT OF HANDENI DISTRICT AT HANDENI Before J.M.B. Mfuko, Esq., Sen.or Magistrate HAMZAHASSANI APPELLANT versus THE REPUBLIC RSPONDENT Burglary and Stealing contrary to'se icrs 294(1) and 265 of the Penal Code0 ( I It JUDGEMENT. KIMICHA, J. - The appellant in this c'as convicted of burglary and stealing and ser cd t6 three years imprisonment on the burglary and to twelve mcnhs' imprisonment for the stealing. Sentences1 to .mconcur- rently. e, - Briefly the undisputed facts of the case .:e that the complainants pr opex:ty was founc in he appe.1ans house three and a half weeksafter the burgiary, T.me property was recovered in a search of the appe11ants hóue conductc by the police in the presence of. civilian witnesses0 The property, a bicycle and a radic were ident.f: beyond doubt by the complainant who he had sale receipt. -:h.ch nd their serial numbers0 In his defence before th lower cour: arid in this court the appellant alleges tha the propcty was planted on him by the Police but he do not give reasons i,:y the police should have, planted the exhibits ci. him I am satisfied that the prsecutio have proved the charges against the appellant he'ond a rE.Esonnbie doubt0 His appeal is for the abov€ reasonE' dismissed in its entirety. Delivered in open Court i1.t3 18th ch , of Nay., 1977 11 at Dar es Salaam. / c ...- (M. p II1ICI1A) ItJ