19800109 TZHC Arusha

IN qHE HIGH COURT OF TANZANIA AT • ARUSHA HIGH COURT CRIMINAL APPLL I'1o 130/78 ORIGINAL CRIMINAL CASE No 44 OF .. 1978 • OF THE DISTRICT COURT OP MBULUDISTRICTATMBULtJ • BEFORE G. MASArIE •. . .DISTRICT vLISTRLTE . • YON I'JSSL Versus • THERPUBII • ORD1I FOR sUiv1,th.RY DISMISSAL The appel I ant Yona 5/0 Musa was charged with and convcicted. S of cattle theft ontrary- to sections 265 and 268 of the Penal Code, by the 1.strit CUi't of Mbu1. He was sentenced to five years impris-onnieit, which is the ininimuxn sentence under the law. He felt agrieved by the' conviction arid sentence and therefore a ppealed to this court. Colainarib }IauBt'a'f e]a'thr village in Ifbtau District • woke ip on one morning only to find, that his catie boma had been broken into during the night and one cow worth abcu si1lingz 1 1 200/= was miásing He alerted his two neighbours, who, together, •perued the th±ef by f011àwing the cattle tracks. Ongtting to. man • wa Mbu they sawahead of them a a black cow,. One hand of the young man was holding a rouc :;hich w a tied to one of he , • hind legs of the beast thile the oth'r hand held a stick with whidli he was drivIng the cow The three people stealthily surrourIed the young man and cLight him ready handed wit ~ the bow vhich the complainant • and his two neighbours identified as the one which had been stolen from the complainant. It was found out too thc.t young man who is now the appellant, wa in fact one of the neighbours of the complainant. he appellant was then 'rastecI and taion together with the s tolen cows to Mto wa Mbu police station • The pclice subsequently • charged him with the theft of the cow in the District Court of Mbulu. • In his defence the appellant claimed that it was other two people who were driving away the cow and that those two people • • who were unknown to him ran away leaving the cow near him when they saw the complainant and his companions approach. That was not true, of course, because the complainant and his neighbours testified in • court that appellant was alone driving the cow which he restrained withope. .../2 The trial... - 2- The trial magistrate rejected that defence and conviobed the appellant. On porsuing the evidence I, too., en in no doubt at all that it was the appellant ho stole the covi end eas caught on the morning immediately after the tift dving it away. I therefore certifr that this apreal hee. been lodged without any sufficient cause for complainant and his hereby summarily dismissed. (j..i.aso) JUDGE ARUSHA I . . 94/1980 / /