19800910 TZHC Tanga

. . . p.xo;peq euo po.xaAoasp et anto sctl .xepun eei4TpOWfflOO SnOTIT UA et. ;o upjq. oo.s Lj.uow tIOttt1J ttsTS uuvr, aqlq. Lq peuo O4 sa T us--.ES vxeMqme v aad9a 3j 9 .Toqs2 TUtWfltflV auiva etxo tIO uqj. MOtS qarioo ttTJ- 9T pet.T.sTIqse pm-to; sv eso uotqnoesO.xd eqq ;o o; uoç1ts . t1I .'pasn3ov puoos ptitpen3o srt; Gt. trçeq aa TA dO 4.sT aq0 9 AAO T aq q anoD aiqq. Ut pzteddr. Salq !~. uaqm s4. uuTT9ddu ;o suopcITaosap at. tzT-oi T11{s I eQUTUeAUO3 jo spunOz2 Teind U ° UTIt3ddV MOU eau Ratll T(OVO t19WUO$T.XdUZT tVO O. paouaq.us pUT p&3tAtXOO 9.IM iot(a _ . 9P,0 0 IVU9CI OtI- 30 99Z tZOTOes O. Sauaq.uOO ;ot TdmT .8 jo etvi.jo v, uo uz GqnW ;o tflo T'Tcr eqq- uT pe.xveddti 'two TxqNta puts o2oqjAl Xqtj.doqsTjLjD' f Aj iiocrn 8t I 't°A 91 'd0 GPOD Toaot. 30 993 s/o t[J :afw3 (soJd wo) " •. *DInIafldall aH1 (pesrtoov 'T.'o) StWTIcIcIV"" niwito nivwa Is ooaw raHaoLImIo w/a 'bsa 'untn3nI S'A :eJo;ea (vzaqnj1cj qv o.xsçrj vzarjr jo qino oqtj ;o 6L6t ;o 9 'OU 9SLID 1UTUiçJØ ErT.tO 6L/ 0n rIVadclV 9YNIWDiD (~ D:p (.sTot txt'j) tIOLLoIaflrnL aawTIaactv VON VD tIV vNV1J-flOO HO]H alli NI - cç ti - rl "first gear kit" was missing from the store. He reported the matter to his rnanager, PW2, who then told him to keep on looking for the missing Spare part On 2/]J79 at about 700 a,in, while one Theodori Nyamasa (pW3), a Field officer at the same, Bwmbwera Estate, was standing outside his office he saw the first and second accused person in the formers office •' The first accused was 7 until the time of his arrest in onnection With this matter, a mechaniá at Bwembwera Estate 0 Soon afterwards the second accused left and PW3 saw ' ,him proceed to the house of the first accused 0 Later PW3 saw- -the first accused follow with Isoethjng wrapped in a sack". PW3 became Suspicious whereupon hepinnted a militia man, one Joseph Simon (PW4), near the house of first accused' After sometime the first accused eturied to his place of work. However, when second accused too tried to leave the house to wherever he was destined to go PW4topped him. The second accused had a bicycle oa which he also carried a baske.t PW4 told the second accused to accompany him to the estate offices but the latter refused As the two of them were still exchanging some words pW3 arrived at the scene and asked the second accused to take down the basket which the .1aterdjd In it waS "something wrapped in a sack". They unwrapped the sack and found a box containing a bedford first gear kit. The Second accused told: pW3 that he was given the same by the first accused Thereafter the first accused was asked and he admitted that he was the person who • gave the Said Spare part which incidentally was tendered as Exhibjt P2 1 to the second accused In his statement in defence the first-accused admitted that on the material - day at about 7.30 a.m. the second - accused called in at his office from Muheza ]ater the two of them left together for his i • e. first accused's, house' He, indeed carried a package but it I only contained bananas Later still he first accused, returned to his office At 11.30 a,m, he received information that second accused had been arrested by militiamen with a spare part. He went and asked the second accused about the allegations whereupon the latter told him that the spare part had been planted on him by the militian.n who arrested The second accused confirmed the story of first accused According to him he met the militiamen on the. way and, for no apparent reason at all y they forced him to carry the basket which contained the spare part The learned trial Magistrate, never the1es, found that the said spare part, Exhibit P2, was found on the second accused and, further., that it was the first accused who actually Stole it It seems to me that there can be no doubt s on the evidence, of the fact that the two accused persons were actingin concert pursuing a common design, namely that of stealing the spare part from the Bwembwera Sisal stateThe defence story that Exhibit 22 was planted on the second accused by the militiamen did not raise any r'ea3onble doubt in the mind of the trial Court nor does it do So in my mind. ) Without beating about the bttsh I am Satisfied that the convictions are justified and.supported by the evidence. As'regards sentence, the same is the minimum prescribed by the law because the value of Exhibit P2 is over Shs. 1001= and the Tanzania Sisal Authority is a specified authority under the !Ilinimum Sentences Act, 1972. I cannot, therefore, inter±ere With it. In the final result this appeal fails and it is dismissed in its enttrety. Delivered in open Court at Tanga this 10th September, 1980. (H.E.D. &sa) JUDGE, Advocates: Mwale, State Attorney, for Republic.