19790820 TZHC Dodoma

IN. THE HIGH COURT OF TANZANIA AT DODOMA • ORIGINAL JURISDICTION (DODOMA REGISTRY) CRIMINAL SESSIONS CASE NO, 34 OF 1973 THE REPUBLIC VERSUS ASHA D/O KIGAO charge: Murder c/s 16 of the Penal Cde. • JtJDGMENT KISANGA, J . The accused Asha Kigao is charged with murder contrary to section 196 of the Penal Code, the particulars being that te murdered one Mwajuma d/o Hamisi. The undisputed facts are that on the night of the incident the accused was sleeping in one room with Hadija, her daughter, and Mwajuma, her daughter—in--law who is the deceased in this case. Then suddenly and for no apparent reason the accused attacked Nwajuma with a panga cutting her in the neck and on thechin and causing her todleon the spot. Having done that the accused ran away into a maize shamba shouting that she had killed her child. The post mortem report shows that Mwajuma's death was due to haemorrhage and profound shoàk. In a very brief statement of dfnce the accused said that she killed the deceased g ' as she was mentally ill. So soon after the killing the accused was taken to the Government Hospital for examination and the report on P.F.3 (Exh. P.2) is that the accused appeared of unsound mind. Accused was further sent to the Isanga Mental Institution for observation and report on her mental condition, and the Psychiatrist's report is to the effect that the accused is insane and that tibe was insane at the time of the commission of the offence. The two assessors who sat with me were clearly of the opinion that the accused is not guilty by reason of her insanity. This opinion is amply supported not only by the medical and the psychiatrist's reports mentioned above, but also by the oral evidence of the accused's son Adam and her daughter—in—law christina. They both said that accused suffers from a mental disease on occasions and that she has been to hospital for treatment forit but in vain. They said that when the disease flared up the accused behaved abnormally, for instance, by running away, talking or shouting unintelligibly and undressing herself. Sometimes when she was given medicine she would refuse claiming that it was poison. The accused killed th deceased during one of those relapses. As I saw and heard the accused in this court myself, I Was left in ri doubt whatsoever that she isiñsane. I therefore respectfully agree ith the unanirons opinion of the assessors and make a special finding to the effect that the accused did kill the, deceased but that by reason of her i*aanity 5he is not uilty. • r •. •.., 0 Is also directed that a certified copy of these ie su ted- the Minister for Justice for further, the m - tter and that meanwhile the accused shall be sanga ?'ntál Institution as a criminal Lunatic, .. I R. H. KISANGA - JUDGE 0 ' • i. ._.• • 4_ - • 0 • 0