19810722 TZCA Dar es Salaam

IN THE COURT-OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: Mustafa, JoAo, Mwakasendo, JoA. and Makarne, J A. ) 0 CRIMINAL APPEAL NOo 10 OF 1981 BETWEEN JUMA MOHAMED!. o o • ~ 0 0 0 • C O e O O e O • APPELLANT A N D THE REPUBLIC.~ o • o o o • 0 0 D O O O O • . " . RESPONDENT (Appeal from the sentence of the_High Court of Tanzania at Dodoma) (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 1n~flag~ante delicto with the appellant's wife. However, when the appellant found his wife a~d the deceased in a room, he looked the room from outside and then called a number of his 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 witnesseso 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 SALA~~-this 22nd day of July, 1981. Ao MUSTAFA JUSTICE OF APPEAL Y.M.M., MWAKASENDO JUSTICE OF APPEAL L. M.. MAKAME JUSTICE OF APPE:\L I certify that this is a true copy of the original. ~ - i '. ----~ .---~ , \ e..---- ."·- (__ ,,:; ·.. . .', ( J :· L., V.iJALU~.,r~::.. ) J • __ .,,. _,, .::-::: '. ~( .-:' .. ·>;:;: ,..., _ _ ... ,,,., .• - ......,.,,.,.~ .. .f. )I