ibrahim mrisho vs republic 1981 tzca 2 19 may 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. 34 OF 1980 B E T W E E N IBRAHIM MRISHO .......... . . . . . . . . . . APPELLANT A N D THE REPUBLIC . . . . . . . . . . . . . . . . RESPONDENT (Appeal from the conviction and sentence of the High Court of Tanzania at Ngudu) (Munyera, J. ) dated the 19th day of: April, 19 BO, in Criminal Sessions Case No. 102 :>f '..979 JUDGMENT OF THE COURT. MUSTAFA, J.A.; The appellant was convicted >f murder on c.j rcumstantial evidence. However, the circumstances point irresistably to the appellant as the person who hi.d killed the decease 1. From the deceased's body, where it was found, there was a trail of blood which led to very near the appellant's house; in t.ia house of the appellant were articles of clothing and a blood stained bucket and knife which had blood corresponding to the blood group of the deceased. In the appellant's house was also found a bible belonging to the deceased. The appellant was; the sole occupant of his house. The appellant had attempted to explain away the blood stains by saying they were caused by his nose bleed or the blood of a chicken he had killed. The appellant, put forward a plea of alibi, and called a witness in support who however did not vl. 1 corroborate the appellant* s evidence. /2 - 2 - We are satisfied that the conviction of the appellant Of the „urd<„ of the dece„sed _ ^ ^ ai( > U s tte DATED at DAR ES SALaAM this 19th day of Mgy, 1981, MUST ,FA JUoTICE OF /\PPF./,r. Y.M.M. MWAK/iSEMDO JUSTICE OF APPEAL !'• M= Ma K a ME JUSTICE OF APPEAL I certify that thic u , w is true copy of the original, ( C. G.'MTENGA ) REGISTRAR