19820604 TZHC Mbeya

_Q5 - 4 1t Q tN THE HIGH C3UR OF TANZANIA AT .L.BEYA CRUTINAL APPE1L Ob 21 OF 1980 (ORIGINAL CRT1INL CASE NOd323 OF 1979 OF THE DISTUCT COURT OF IRING'. DISTRICT AT IRINGA) : ESATJ s/a KAJONGORO ..... 0 ,• OSAPPELLANT (Original Accused) versus THE REPUBLIC •oo.o,0000 0000 woo.00 eESPONDENT , o (Original Prosecutor) Charge: Causing grievous harm c/s 225 of the Penal Code, Cap 0 16 Vol. 1 of the Laws. JUDhENT J.A. MROS3 J., The appellant Esau Kajongoro was convicted for assault causing b.ythe Dtstfict Court of Iringa. He was sentenced to two y-oar imprisonment and ordered to pay shillings 5Oo/. as compensaionto ,theyictim of the assault Ho' has now apoaled against both the conviction and sentonc. There is no dispuic. that. ntho nitof.l7/b/79'ne Kassim s/o Saleh was stabbed in the stoiradi itIYashth weapon, possibly a irnifo, rou±ting in the large bowls coming out. He had to i.ndoro }iospitaliatiOn The .............................. evidence of.Kassim toget1or with his comp4.on Robert (PW2) was that it v'as the apellent,who aued.the harm. The appellant d&iDY it limed, as he still does in this •apoal, that :tho: complainant and PW2 - Robert had attacked him using a irnife but that in the course of th.souff1thëcomplainant some how stabbed his own stomach. .Thetrial- cou evaluated the ?videnQ.e!and came to a firm conc±usion that the appi1ant: w party iot.:'uothat the c,Dmjpl , inant had stabbed his own. touach. Rat1or, itv.s. the ap lar2t / / who.in'llcted the Jangorous\v3tnd on the complainant . 12 / . ,. . - 2 - and that he was not acting in self defence0 I have gone tbrough all the evidence adduced before the lower court and I am satisfied that the trial magistrate came to the right decision. As regards the sentence and the compensation order s I find no reason to fault the trial magistrate. The harm inflicted on the complainant was indeed dangerous and could have been lethal if it were not for timely treatment. it was also fair that the com)lainant received some compensation for the pain end suffering caused to him, This apoal thorefore is dismissed in its entirety and the sentence of two years iurprisonment is hereby c omfirraed.