19771205 TZHC Dodoma

IN THE HIGH COURT OF TA:UZANIA AT DODOMA APPELLATE. JURISDICTION ' . . CRII 1 E:AL A';-,?EAL HO. 195 OF· 1- 977 .. ,· ..i !. ORIGIN.AL CRH'i.E•_l~L C_,'.~3TI:, NO. 1 25 0'.B' 1977· > J ose.ph s/ 0 Ka~,ruyuva • • • • • • • • • • •. P.ppe_llant Vr~rsus The Republic ... •- ............... . Respondent. Charge: Cattle te:_,ft c/ss 265 and 268 of ·che Penal Code. /,JUDGI1ENT / t.TONA.pi:ti~lJ 2 J Originally in the dis ·crict court tlie appellan.t ,rtas the firs·c Of three accr>. sed charged"jointly "\"Ji-t.h cat ~le theft. The other -:.;uo vrn:ce acqui t-t::;d but the appellant warJ convicted and given the . ' minimum sentence. Against the· conviction ho h.:w a11p0aled. · · ''Three h1:::ad. of _ ca·ttle belone,.i..ng to the complainant appear to have besn stolen while grazing~ A fow hours later one of "bh9 cattle rot1..1..rnod unesco~ted. It ha.cl however been badly wounded -in tho lng and on the ta.il from. wh 'rG it was_ ble0d:iJ.1g. Accompanied · by neighbours, 11·e ·a:t· :011:lee :.•.sGt ot!t to fo1low the trail of blood with a view to traci"J:i{L"~£E; other cows. T'.:..at took them to the house of the 2n( accu:::1 _,d and thsru t>ey found some meat. Upon ·i_;h2. · accused saying h-3 had got tho m c,,-;; from - the appellant the search ~--,: _:_,- --- proceeded to the house of tl;_(i appellant. Thr,re they found a lot of meat. He was however not presbntj so they looked for him~~ later in the day he uas e.rrested. He is said to havG made a confession but that having Tueen.r.12.de in th-8 presencG of a policn Lmn who had s:iJ.1c e be::m called u_pon, it ~-m.s inadni13s ~.ble and the trial court in tts judgment did not in fact act on such confe::;si-on. He however th0n a:ypc;ars to havr-; taken them to a forest area , a considerable distance away where they found tlH3 head, skin and _viscera of a, cow tor;ether w:L th blood. The co1:iplainant. identified. the skin and the head to be those of one of his stolon cows, ~he skin by its c 0101 'r 0,i1d. tho head t _; ~ 1 by ·che colour and brax1d r.12.rks on the ears. The appellant in def one e testifiod that at the tiP0 o:{ tlw theft ho was av-my and that ho hac~ r,:,turned hone to hear hj_s house; be0n searched. He admitted some :neat was found inside ~1is houso but ~c.id_ it had been brought the-ro conplotely without his knowledge. ;-Jc also adrai ttcd the rr:-:i::-12,ins of a cow had been found in the forost but denied h-:: he. d l .:d the search pc,,rty there. ~- ~--/2 ··,::,~. 2 Ifo called two witnessos but tl1;i1" tJVidencr:; did not add any weiGht to tho dofencc. Ind,;ed ·:~1:ic.t of on;:, of thcJrn. considere.bly eroded it when h,;.; said tlrnt, th: . c.:~";p~ll:u:rc upon h.:;o,ring that sono fr! .:.:at h/:!,d bcGn found :J:t his l~; ur;(_; · intimated. ho wo1.:ld II sur~:8J.1c1.or 1i 1: nuaning, no doubt, h-:: would c011f oss hi;J 0 uil t. Thsre WC:2 o.raplf3. (JVidcnc<3 2,gainst tho appc:llant ,,,.nd I an clear-:- that his ·doiGnGG .was .r:ir,;J1tly rajoctod and the convicti >n woll clcscrvr:d. .Acc6rctingly ·Sh ·app '.:al is disniss od in its ontircd;y. 1 ~~ 1 P.r:I. JONATHAN JUDGD Deliver:sa·,: in open court this 5th cb.y of Dct:;cr":ber, 1977. JUDGE ' ....