19820318 TZHC Tabora

IN THE HIGH COURT OF TANZAMA AT TABORA. APPELLATE JURISDICTION (Tabora Registry) (Ho) CRIMINAL APPEAL NO0 93 OF 1980 ORIGINAL CRIMINAL CASE NO0 149 OF 1978 CF THE DISTRICT COURT OF URAO DISTRICT AT URAMBO BEFORE MWAMI Esq., Senior Magistrate. }CA IARANG-tJ ...... • • • 0 S 0 0 0 6 0 • • • • APELLAIT (original Accused) versus 'JE R:aPUBLIC. 17 •000 00000600000000000000•0600006004000 .RESPONDENT (Original Prosecutor) J U D G M E N T OFIFETA, J. I really do not see how the appellant can be heard to complain against the conviction. The team that was searching for the stolen cattle found the apppllaht and four others Thesiing meat. On interrogation, the appellant and his colleagues volunteered the information tha they had stelen some cattle from Ikongolo illag That was not all: the appellant and the sixth accused led thesearch party to 4 who admitted, that the appellant had: sold iin two cows.' The appellant and the sixth accused also led the searoh party to the 4th accused who also admitted having bought twocsows frcu the appellant. To demonstrate his guilty mind, the appellant escaped, but was later re-arrested by the help of police dogs. The appell.ant's story in his defence that he was an innocent visitor,at the house of the sixth accused when he was arrested was, as the learned trial magistrate correctly found, a ridiculous afterthougit. The conviction, therefore, was justified = the evidence. The sentence of six (6) years imprisonment, though severe, was fully justified as the number of cattle stQlen was very large and the offence prevalent. The sentence, therefore, will also remain undisthh?d and as the same required con:irmation by this Court, it is hereby confirmes In fine, this appeal i4ismissed in its entirety. B.D. CHIPETA JUDGE Tabora 18th March, 1982 /