19810527 TZHC Mbeya

IN THE 1GH COURT OF TANZANIA- AT1t8EYA APPELLATE JURISDICTION CRIMINAL APPEAL NO. 95 OF 1900 (ORIGINAL CRIMINAL CLSE NO. 91 OF 1979 OF THE DISTRICT COURT OF MBOZI DISTRICT AT lvtl3ozI) • PJP RANGTON NJOWELA • o••s a a a o. • a a.... APPELLANT Versus TEE REPUBLIC aa,...o.aaw.osea.a RESPONDENT JUDGMENT MUSHI, J,, — The appellant Rington Njowela, was charged with the offence of burglary c/s 294(1) and of stealing c/s 265 of the Penal Code. The appellant was convicted on both counts and was sentenced to three years on the first count and one year imprisonment on the second count. The sentence was orderedT torun concurrently. He is now appealing against both conviction, and seitence. The main issue, in this case is that. of identification. The complainant's house was burnt. ii~ toat night. .ccording to her evidence, P)i Bahati eme, she was awakened by a loud, lock at her door at night. - When she woke'up she found some people in the sittingroom and later some entered in the bedroom and demanded money by force. The complainant said that she was beaten up and foced. to lie downThere were four people who enteéd ± 66th. cddii-i' or evidence, 'has a hurrican lamp and'the robbers l'ad, torches,, Shp co u ld nly recogrize one person who according to 'har, was wearing a combat uniform. The oomplainant also "pointed, at the applpnt in. na, jdentifica.tion parade. The appellant denied the offence and raised an alibi. He said that at the time the offence was conmitted1 heias at Morogoro. The appellant adni tted to be in possession of one army. unifprm which he got from the p,rmy. - . .. .... . .... '-': . .. . .... The appellant sa that she could only rccogr.ze one person among the group, who, acco1i-g to her, was wearing combat uniform and who, was being addressed as "afand&'. According to the £vidence, the domplainant was slapped and up. No doubt, she was in terrible fear of her life. She said thDt there was light. Wnr was it possible - _--- IvLLsIatI A Jo JMOO enxq peTJzeo rExInC IHSflN 61,10 1f P S "te6t/c/L uo _KspoT SauaoTTV aTUTS alqT oaojocreaOqMtjD trç pe.i ST TUOU189prLf eST1IOtflO pT@Ll AflnJ!kVI SSYjUfl T4q-1OJ pes13eex eq o. qued etrj '*eP'TSP Tasseoueues aqT pus pesnb St UOt.OTAUOO eta peMOT St[ceth3 eta pus suotqoruoo et. .eT oq. ejisun eq pinoi -i o€j; oq sv s.qnop cmos o.rc eiet 'ept.id uOTTtOTJJTTuOVT eopocl oq. TP pajoçd st q.uTiecIds et; TUIqT oJ oq. 9TTdsOG 'sçt. xo; suoste.x ou e OaaqT pu's os'so ot q.ou ST s'çt. ooq xaq pec's.i Nm siioflej Oq4. kJTW8 PT OT eq's eq qTssocI pTnom es 6 TLPTT SUM e.xeqq. TINT Si'sS trsuT'sthuoo OLIT 31 tTI. ae'sit s's pepis?ex eq Tou u'so es'so ST7qj UT eaeti S'Oqg, s's seou's.suinorço eqq. .ieptm pu's TLPTu 's sseuqçM e1uTs's Aq uo'soçJçquepI peIsnIu eie m -ROLIT q'stfl eouepTAo ou ST eaet. pu's moo.x et. peie;ue meq; jo E'!'s s's Ul&ql i.'ss ets JT su'suT'sIcIuIoo etq J4TWOPT OT oq's eq pnói.t euo 'ss o r trcuTtncImoo oq. peoeIxe oAuLl p1nom euo $trp'seM S'sM et{ TqOTqbl sserp q peTJTuepT u'siiedd's etfl 's'o ioj suosex UD.&T.9 Tou s'sq i.u'suT'sEthiioo eq1L &ciuo j.u'sedd's OLIT JcJi4uepT o. - a I - '