juma mohamedi vs republic 1981 tzca 13 22 july 1981

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CORAM: Mustafa. J»A., Mwakasendo, J°A. and Makame, J.A. ) CRIMINAL APPEAL NO. 10 OF 1981 B E T W E E N JUMA MOHAMEDI . . . . . . . . . . . . . . . . . . . APPELLANT AND THE REPUBLIC RESPONDENT (Appeal from the sentence of the High Court of Tanzania at Dodoraa) (Maina, J.) dated the 10th day of February, 1981, in Criminal Sessions Case No. 34 of 1980 JUDGMENT OF THE COURT MUSTAFA, J.A.: The appellant killed the deceased who was found in-flagrante delicto with the appellant's wife. However, when the appellant found his wife and the deceased in a room, he locked the room from outside and then called a number ofhis co-villagers to the scene. He then opened the door and went in and stabbed the deceased to death with a knife in the stomach, in the presence of witnesses. The court accepted a plea to manslaughter and sentenced the appellant to nine (9) years' imprisonment. The appellant is appealing against the sentence imposed. We find no merit in the appeal. The sentence is severe but in no way excessive in the circumstances. We dismiss the appeal. DATED at DAR ES SALAAM this 22nd day of July, 1981 A. MUSTAFA JUSTICE OF APPEAL Y.M.M» MWAKASENDO JUSTICE OF APPEAL L. M. MAKAME JUSTICE OF APPEAL I certify that this is a true copy of the original V C J L> ■ r i A L U ' 2