19770314 TZHC Iringa

4 V V •. VV IN THE HIGH COURT OF TANZANIA AT IRINGA V ORIGINAL URISDICTION V V (DODOMA REGISTRY) - V V CRIMINAL SESSIONS CASE NO. 65 OF 1974 V V V THE REPUBLIC V VERSUS V V MARIA D/O SIONZI •V Charge: M U R D E H c/s 196 of the Penal Code. V V • V V J U D G M E N T V MNZAVAS, JV V V V V The accused, Maria Sernponzi, stands charged with murder c/s 196 of the Penal Code0 It is the Republic case that the accused, on or about the 20th day of May 1972 in the district and region of Iringa murdered one V3a.iI1a Rajabu. The accused admitted killing the V deceased by stabbing her but-pleaded insanity in her defence. After hearing the learn2d defence counsel's submission and the learned state attorney's reply the Court made an order u/s 168A(1) of the Cr. krocedure Cod to the effect that the accused be detained in Mirembe, hosita1 fo edical examination V and report as to her mental condition at the time she stabbed VV and killed the deceased0 a • On 3.10.75 the trIal resumed and the Court heard evidence from accused,' faher Ferdinand Mponzi, (PW1). He V told the court that his daughter, the accused, had suffered rñeht'aT disease six years before she attacked and killed the deceased. According to his testimony when the accused first showC signs of mental disturiYãd hèsthred "running about aimlessly ciyinj for no obvious reason". It was his evidence -thathe sent.the VacusedVtoV r1Vtver etors WhO treated- and ttcured her. The witness also related to the Court.that accused ;'s mother is also mentally disturbed• and that native doctrs;oftei treather0 :. The witness further to]d the Court that whenthe accused was ernpoyed .by the deceased as, a housemaid he and accud's 4 mother adviced her..not to go to Morogoro.with.thëeceaseda she, V:V(acçused), was.V.still not-fully curGd of her mentalcondition; V but that(the accused Id VflQt take hedV of his V advce and V proceeded to.MorQgorowth her employer, , te;dQceased. V was his evidence that he. talked to.the accused:a fewdays V ater the commission of the offence and that accused's behaviour conYinced him that her mental disease had relapsed. Detective Sergent Saidi, (PW2), testified to the Court that (-n the very day of the incident the acci'.sed was brought to Iringa police station on the allegation that she had stabbed and killed a person. It was his testimony that he interrogated the accused and that from her appearance and behavior he was convinced that she was a mental c,ase4 From his investigations he learnt that the accused was employed. by the deceased as her house—maid and that on the day the accused stabbed her employer they had both arrived in ringa from Morogoro. Apparently the doceas•c1 was escbtting the accused to her home when she stabbed her at the Iringa bus—stand. The investigating officer also related to the Court that his investigations revealed that there had never been any misunderstanding, leave alone enemity, between the accused and the deceased before the incident. On being explained her rights in defence the accused elected not to offer evidence. Her counsel however produced psychiatrist's report as to accused.s rnenta1 condition at the time the, attacked and killed the deceased. .Tha Medical repot was admitted u/s 1680) of.the. Cr.iminal.Procedure Code. and.. marked as "Defence Exhibit A" In p.ara five of the Medical report. the doctor says: "There is some indication for her;being psychiatically ill, most likely an acute adoleucent crss with some ' schi"zopheñIc reaction", 0 '•' -. - '' -. In para six the report says: "1 am also of the opinion that she was of unsound mind at th €ime sh'commited the ffCnce' • • • After my sumniing up both assessors were of the opinion that the accused was insane at the time she committed the offence With respect I agree with the learned defence counsel's argumert that the accused was insane in the legal sense of the word when she stabbed and killed her employer. There was undisputed evidence that the accused had suffered from insanity six years before she commited the offence, 1t is equally undisputed that accused's mother is a mental case. This evidence added to the fact that the attack of the deceased by the accused was without rhyme or reason goes a long way to show that at the time the accused attacked and killed the deceased she did not know what she was 'doing; or if she kne what she was dclng, shL did not know that what she was doing was wiong. . . . .. Like the gentlemen d lady assessors I find that the accusedas legally in'san 6 the time she killed the deceased. C. - Accordingl' I, u/s 168(1) of the Criminal Procedure Code, hereby make a special finding to the effect that the accused Maria d/o Somp.. '"-'rr ccoasoc1, Salirna d/o Rajahu, as charçed, but by reason of her insanity, as aforesaid, she is not cui.ty of the offence 0 I also u/s (a) of the Criminal Procedure Code hereby order that a ctified copy of those proceedings be submitted to the Minister of Justice. In the meanwhile • the accused, Maria d/o Semponzi, is to be kept in the custody of Isanga mental Institution as a Criminal lunatic. Judgement delivered in Dodoma in open court today, the 14th day of I'larch, 1977 • / \ NZ S. MNZI(AS