19820313 TZHC Tabora

P IN THE HIGH COURT OF TA1ZAIA AT TABORA. J2PELLATE JURISDICTION (Tabora Registry) (Ha) CRIMINAL APPEAL NQ. 93 OF 1980 ORIGINAL CRflIINAL CAE 149 OF 1978 1 TdE,DISTRICT COURT OF UR330 DISTRICT AT URAIVIBO J32POffE tUth'iI Esq ,SeniorivIagistate. 'AKA. AANG-U (original Accused) • versus THJRIPUBIiIC, • • •.. .RBSPONDET (Original prosecutor) JUDGMENT C iilFTA, J . I really do not see how the appellant can be heard to comr1aii agaizst.the conviction. The team that was searching for the stolen cattle found the appellant and four others roasting meat. On interrogation, the appellant and his coi'agues volunteercd the information that they had t _en some cattle from Ikongolo village. That was not a11 t' appellant and the sixth accu.sed le.d these'irch party to P 4 who admitted that the appellant ha3 sold kim two Qowa, The apèllant and the sixth accused also led tho search party to the 4th accused who also admitted having bought two c9ows '1 from the appellant . . To demonstrate his guilty mind, the appellant escaped, but was later re—arrested by the help of police dogs.. The appellant's sory in his defence that he was an innocent visitorat the house of the sixth accused when he ii.s arrested was, as the learned trial magistrate correctly found,, a ridiculous afterthought. The corviction, therefore, was justified o4 theevdence. The sentence of six (6) years imprisonment,, though severe, •was fully justified as the number of cattle st9len was vexy large and the offence prevalent. The sentnce, therefore, will also remain undis±trbed and as the'.sarne required rl'w cpiifrmation 'py this Court, it is hereby confirm€. In fine, this appeal imissed in its entirey ( • B.D. CHIPETA JUDGE Tabora 13th March, 1982