19790718 TZHC Iringa

mc. IN 9HE HIGH COURT OP TANZANIA AT IRINGA ORIGINAL JURISDICTION (DODOMA RISTRY) CRIMINAL SSIONS CASE NO. 172 OF 1974 LHE RUBLIC Versus LAZARO 5/0 ELlA CHARGE: MURD c/s 196 of the Penal Code JUDGMENT SAMATTA, J., - The accused, Lazaro s/o Elia, stands cha'ged with murder, contrary to section 196 of the Penal Code. It is alleged by the Republic that on or about 24/2/1974 9 at Italaumba village, the accused murdered one Miowe d/oS1AenA in - . The accused has denied murdering the said Miowe S.egodine. The area of dispute is very narrow in this case. It is not in dispute that. Miowe Segodine is dead. It is common ground that she died on the 24/2/1974 at Italaumba village, and that she metxik& her death in a very violent manner. Doctor Raphael Makoloma performed • the post mortem on the dead body after three nays. The list of the injuries the docter saw would shock even the most cruel heart. He observed the following wounds: (i). A large cut wound across the left side of the face, extending to the left ear and left side back of the scalp, affecting the brain beneath and almost severing the head from the neck; A cut wound on the left temporal region; . A cut wound which resulted in the fracbire of the slaill bone and laceration of the brain beneath, in occipital region; A cut wound on the lateral side of the upper side of the left arm; A cut wound on the lateral side of the middle of the riat arm; 'J —2- A cut wound on the lateral side of the left knee; A cut wound which resulted in the fracture of -the knee bone and dislocation of the joint, on the back side of the right 1oee; and (a). A cut wound on the right side of the back. Dr. Makolorna testified - and that evidence was not challenged - that all the cut wounds could have been causd by sharp weapon like a panga, and that the cause of death was the fracture of the skull anddarnage to the brain. There is no dispute in this case that Miowe Segodine as the accused's grandmother. On the evidence before me, all these facts have been proved beyond reasonable doubt. In this case there is no eye witness to the infliction of the terrible wounds on til.ia.decooscd. The prosecution evidence shows that at about 2 p.m., on the 24/2/1974, the deceased visited one Iskaka. her son. She left shortly thereafter for her home 9 carrying a basket containing vegetables and other things. She passed at the accused's house. The accused then was not present. His wife, one Thlakuta Sengewe, was there. Tulcuta Sengewe testified that the deceased did - not stay long. The deceased left for her home with her-basket. Later Iskaka got information that the deceased Was lost. He made the inquiries at the neighbours' houses but in vaii. On the following day Iskaka Mfilirige was told by his daughters that the deceased's body was lying somvhere. Both he and 1ülalmta Sengewe went there; there they saw the dead body of.. the deceased. It had wounds which later were observed by Dr. Makoloma. Later the accused was brought there under arres. He was-interrogated by the Divisional Secretary and by other people. The accused led the Divisional Secretary and the other people to the bush where he showed them a blood—stained panga. - The spot was not far .rom the spot where the deceased was lying. Tulalmta Sengewe testified that the panga was similar to the panga which was missing from their house one week before the deceased met her dooth . ./ 'I -3- In her testimony, ¶I\lakuta also said that in 1974, before the death of the deceased, the accused had disappeared from their home, and when he returned his behaviour was not normal. He - talk used ti/on matters which had already been ethaustively discuased. He also used to un-dress before departing to attend a call of nature. According to Tulakuta, this behaviour continued until the day the deceased met her doath. The testimony of Iskaka Hfilinge was to the effect that before the deceasedTs death, the deceased and the accused had some misunderstanding. The accused had demanded a head of cattle from the deceased. The accused referred the dispute to t&c leader of ten-cells, but he lost the cases Although the ten cell leader decided that the accused had no right to demand, the head of cattle, the accused persisted in making that demand.In his un-sworn defence, the accused said that one morning, at 8.00 a.m., he left his home for Mbango On the way he felt dizzy, and fell down. He did not remember what he did thereafter. What he remembers is that he lost his senses and later he was arrested by the Divisional Secretary. The first issue in this case is whether. it was the hand of the accused which robbed the deceased of his natural life. Like the Gentlemen Assessors, I am satisfied that it was the hand of the accused which inflicted the eight cut wounds on the body of the deceased. The panga similar to. the one with b1ood.-stains was missing from the house of the accused one week before the death of the deceased. It was the accused who took the assembled people to the bush to show them the panga which had blood-stains. The accused has not made any pretence to explain how he cane to imow that the pangs was in the bush. A panga with blood-stains was not far from where the deceased was lying. . ../i -4- Accepting, as I do, the evidence of Dr. Nakoloma that the eight wounds could have been caused by a panga, I hold and I find as a fact that a panga which the accused showed in the bush is the one which caused the wounds on the deceased. I accept the evidence of Iskeka Mfilingo that the deceased and the accused had misunder- standings over a head of cattle. Bearing these factors in mind, I can not see any conclusion other than that it was the hand of the accused which inflicted the wounds on the decesed. I can not see any other reasonable conclusion. The next question which cries out for decision is In what frame of mind was the accused at the time he killed the deceased? The accused has raised a defence of insanity. That defence was supported by the report which was produced here in court as exhibit D.l, prepared by the Psychiatrist of Isanga Institution. That report reads in a part as follows "The accused Was most likely all the time laboured by Paranoid ideas against the deceased and on material day aggravated by alcohol taking which is always the case with psychosis. I am therefore form an impression that the accused was suffering from Paranoid reaction and it is most likely that he was of unsound mind at the time he committed the offence (sic)." I accept without any hesitation the evidence of Tulakuta Sengewe that in 1974 9 before the death of the deceased, the accused person behaved very abnormally. The learned Senior State Attorney conceded that the accued was legally inoane at the metarial time. With respect, the Senior State Attomey was entitled to make that concession. Accepting the report of the Psychiatrist, the evidence of Thlalwta Sengewe and the accused unsworn statement, as I do, I reach the concluaicn that at the time the accused violently attacked his grandmother he was legally insane. - 5 Th degee of btitaThess to so:e extent shows that th pe'son who inflicted those wounds was not normal Both gentlemen Assessors were of the viaw that the aOcusad was not guilty o murder of Miowe d/o Sengodine beOaüse at the time he caused the deceaseds death he was legCily •insäne I agree. Accoidingl I find that the accused did the act charged but by reason of insanity is not guilty of murder of Miowe d/o Segodineo I order that the Oertified copy of the proceedings of this case be submitted to the ilinister responsbile legal affa9.rs. In the meante, thea ocused is to be kept under cuStody as a lunatic. B. A. SAMATTA JUDGE Assessors thanked and they re discharge&. B. A. •SA1ATTA JUDGE 18.7.1979