michael christopher vs republic 1981 tzca 20 8 august 1981

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: Mustafa, J.A. , Makame. J«A. ,& Klsanga. J.A. ) CRIMINAL APPEAL NO, 26 OF 1981 B E T W E E N MICHAEL CHRISTOPHER . . . . . . . . . . . . . . . . . APPELLANT A N D THE REPUBLIC . RESPONDENT (Appeal from the conviction and sentence of the High Court of Tanzania at Moshi) (Maganga, J.) dated the 31st day of March, 1981, in Criminal Sessions Case No. 9 of 1980 REASONS FOR JUDGMENT MUSTAFA, J.A.i We heard the appeal pf the appellant againsthis conviction for murder on 6th August, 1981, and dismissed it. Wenow give our reasons. The appellant was married to P.W.3 Priskila.in or about 1967. They lived together for a number of years but in 1979 P.W.3 quarreled with and left the appellant and went back to her parents in May 1979. There were children of the marriage, three of whom were alleged to have been killed by the appellant and for which he was charged and convicted of murder. It would seem that P.W.3 left the appellant because he had become senile and P.W.3 was suspected by the appellant to be having a love affair with a ten-cell leader named Tumbo. The appellant's attempts to reconcile with P.W.3 failed. After P.W.3 had left hiifi he brooced over the affair. Some timein July 1979 he cut the three children to death with a panga. He then attempted to kill himself but failed. He was sent to a psychiatric hospital for examination, and the doctor concluded that he was not suffering from any disease of the mind. The appellant alleged that he did not know what he was doinq or that he was bewitched into killing. The trial judge considered the evidence and was satisfied that the appellant had killed with malice aforethought and convicted him of murder and sentenced him to death. We are of the view that the trial judge came to the right conclusion and we therefore dismissed the appellant's appeal. DATED at DAR ES SALAAM this 3th day of August, 1 9 8 1 . A. MUSTAFA JUSTICE OF APPEAL L. M. MAKAME JUSTICE OF APPEAL R. H. KISANGA JUSTICE OF APPEAL I certify that this is a true copy of the original. ( J. L. MWALUSANYA ) SENIOR DEPUTY REGISTRAR