19801204 TZHC Tabora

II I1•r 1::fl/~ . THT CCUfl 0-2 TA3TZIA - AT TABORA. APPELLATE JURISDICTION (TABORA REGISTRY) - CRIMIflAL APPEAL NO.171 OF 1979 ORIGINAL CRIMINAL OE NO 56 OP 1979 OF THEp DISTRICT COURT OF SHINYANGA DISTRICT AT SHINYANGA. Before G.H. C habruma Esq., District Magistrate. EIMANUELELIAS..,.. .......... ,O.,.,..,....APPELLANT VERSUS THE REPUBLIC ...... ....................O....RESPONDENT. JUDGMENT S N.M. MUSHI, J. The appellant 9 Emmanuel Elias, was charged and convicted (with another person) with an offence of robbery with violence c/s 285 and 286 of the Penal Code. The Appellant was sentenced to eight years imprisonment. He is appelaing againt such conviction and sentence. There is no dispute that the appellant was present when the of.ence was committed. The appellant is saying that, although he was present, it was the other fellow who committed the offence and he was an innocent by-stander. There was evidence which was admitted and acceptect by by the appellant, that the appellant and the other accused arrived together at the complainant's house. The other accused who had already entered the complainait's house and came out with the complainant from whom he started demanding money with threats to fire hi-a Etin in case the demands were not met. The s also in uniform wa2 present and heard what the other accusedWas saying. There wa evi(l.ence also that after the other accused had received the money, he (appellant) was asked if it was enough and he is said to have replied that the amount was not enough. Also when the Viamgambo approached the area, the appellant together with the other accused ran away, The learned trial magistrate carefully examined the evidence before him and came to the concluion that the appellant was .participant, in the crime. On the etidence the coniution was justified, and there is nothing on record or in the memorundwm of appeal to warrant a different view. The appeal has no merits and it is hereby disniissed. The sentence is confirmed Judgment read in chambers on 4/12/80 before Mr . Chaila - State Attorney. N.M. MIJSHI ) Certified true copy 4/12/ 0 of the original.