19820607 TZCA Dar es Salaam2

IN THE COURT OF APPEAL OF TANZANIA f AT DAR E3 SALAAM (COR!JvH Mustafa, J.A. z MyJpknsendo, J ~A- and Masm,e, J .A. ) CRIMINAL APPEAL NO. 12 OF 1981 BETWEEN AUGUSTINO ROMANO .. . .. .. 0 • • • . . . . . . . . APPELIJ.NT AND THE REPUBLIC .. . • e O O O ♦ • • • • • • • • • • • .• • RESPONDENT (Appeal ·from the conviction of the High Court of Tanzania at Tabora) (Chipeta, J.) dated the 23rd day of Februory, 1981 , in Criminal Sessions Case No.. 63 of 1978 JUDGMENT OF THE COURT MUSTAFA. J .A.: The only issue in this appeal is tp.pt of identification of the ·l in the course of a robbery appellant as the man who attacked the dece~se4/as a result of which the. deceased die~ .• _P,..W;o2, the ... s.on.. of. .the·; decea~ed. , ;was;with.. the deceased when the attack took place. He had lmown the appellant sometime previously; · the appellant bad for some months been a tenant of the house of the deceased~ P.W.2 actually· fought the appellant, there was a light in the room during the attack, and P.W.2 had heard noises mich he had suspected before, the attack t.ook place. P.W.2 immediately .told those mo gathered' after' the attack that he could recognise the attacker; he gave a description of the attacker which impressed the trial judge. He had no difficulty _in picking out .• . •. • •. ~- ·~ '. ·- • ._l, ;.__. ... " ~ _,,.-.e ....... ~ ..... the appellant in an identification parade mounted by the police. The trial judge dea],._t. with the issue of identity thoroughly, and was satisfied with P.W.2 1 s identification. • I, ,t He.kept in mind that there was o~ly one identi{ying witness. We:. are of the view· that . ' the trial judge properly d.irected ... '. ' himself on :th~s- issue and the conviction ,is sound. ~ 1· - 2 - ' We,disin:Lss the appeal. \ f I ,, 1982. l , I' ( original• t: 'lI, j, I ! ' 'I, ' I , .1 '' r . ...,-.-.... . -