athumani munga vs republic 1980 tzca 7 11 june 1980

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALaAM (CORAM: Mustafa. AG.C.J.. Mwak^sendo, J«A. and Kisanqax_J^Aj»^,.) CRIMINAL APPEAL NO. 20 OF 1980 B E T W E E N APPELLANT ATHUMANI MUNGA A N D THE REPUBLIC RESP ONDEKT (Appeal from the conviction of the High Court of Tanzania at Dar es Salaam) (Makame, J.) dated the 22nd day of November, 1978, in CRIMINAL SESSIONS CASE NO. 41 OF 1977 JUDGMENT OF THE COURT MUSTAFA, AG.C.J.: The appellant was convicted of murder and he is appealing. P.W.2 Said heard an alarm at about 4 o'clock in tho afternoon. He ran out of his hut and saw two persons, both of whom ho knew, running away from a nearby hut in his village. He gave chase, me! in the course of the chase, kept the two persons under his observation. He managed to catch one of the two. This other one was charged together with the appellant with the offence of murder, but was acquittedt P.W.2 was positive that the person who managed to run away uncaught was the appellant. P.W.3, Muhode, another villager, also heard the alarm and saw two persons running away, being chased by P.W.2. He also knew the two persons, and said they were the appellant and the I other person who was caught by P.W.2. P.W.4 Ismail, the village i 'Chairman, also heard the ala^-m. He however went towards the hut which the alarm emanated. He went in and saw the deceased I ;|,who had three panga womnds, and was in a bad state. He asked the deceased who had slashed him, and the deceased replied saying he had been slashed by Panga, another name for Athumani, the appellant. I: r l «•««•/2 The appellant's co accused, who was acquitted had stated in evidence that he saw the appellant running out of the deceased's hut with a panga immediately after art alarm was raised, and he therefore gave chase, but was mistakenly thought by P.W.2 to have been the deceased's attacker, and was caught by P.W.2. P.W.2 confirmed that when he was chasing the appellant, the appellant was carrying a panga, but that the appellant's co­ accused was empty handed. In view of this array of witnesses who had known the appellant before the incident, we are satisfied that the appellant was properly identified. The dying declaration by the deceased thrt he was slashed by the appellant was corroborated by the evidence of P.W.2 and P.W.3. ^he appellant pleaded an alibi and denied knowing any of the prosecution witnesses. The trial judge stated that the plea of alibi raised no doubt at all in his mind. We also are of tb^ view that the alibi was false. We can find no merit in the appeal which is dismissed. DATED at DAR ES SALAAM this 11th day of June, 1980. A. MUSTAFA AG. CHIEF JUSTICE Y. M. M. MWAKASENDO JUSTICE OF APPEAL R. Ho KISANGA JUSTICE OF APPEAL I certify.-that this is a true copy of the original. > ( G. A. RWELENGERA ) DEPUTY REGISTRAR