joseph yusufukirangi vs republic 1980 tzca 17 2 september 1980

IN THE COURT OF APPEAL O F TANZANIA AT MBEYA (COEAMi Jlustafai J . A . , Mwalcasendo, J . A . and Kisanga, J . A . ) CRIMINAL APPEAL NO. 47 OP 1979 BETWEEN JOSEPH YUSUFU © K E L A N G I ............ ........................ APPELLANT AND THE RliMJBLIC........... .. ............................ .. RESPONDENT (Appeal from the Conviction, of the High Court of Tanzania at Iringa (Mwakibete, J.) dated the 12th day of May, 1979 , in CRIMINAL SESSIONS CASE NO. 2.4 OF 1979 JUDGMENT OP THE COURT hustafa, j. A .i W e have considered the grounds of appeal for the appellant. W e are satisfied that the appellant killed both the deceased. The evidence of P.W. 3, which was accepted by the trial court, establishes that the stabbing of the two deceased b y the appellant was unprovoked and sudden. The appellant's version that he was attacked b y both the deceased and that in the struggle he nanaged to grab a knife and stab then was clearly untrue. P.W.3's evidence was in a way corroborated b y that of P . W . 4 who saw the appellant chasing one of the deceased shortly after the stabbing. The issue of insanity was considered at the trial and that defence was completely without merit and was rightly rejected by the trial court. W e are satisfied that the convictions were justified and the appeal is dismissed. D A T jD at MBEYA this 2nd day of September, 1980. A. MUSTAFA JUSTICE OF APP:.i\L Y. II. M. M7AKAJE5JDO JUSTICE OF APPEAL R. H. JKESANGA JUSTICE OF APPEAL v ';.I;«'^Mfy $ A t this is a true copy of the original. :■ € S « i 2) ^/ ( G. A. IR/ELaiC-im ) . DTirpiTT” - 'x ; i ' '!r:y n