19820722 TZHC Mbeya

i fl Ill TH ITGH C JRT OF TANZ1IIA I CRIINLL LPPEL PD0 142/78 (Original Criminal Case i'To663 of 1978 o the District Court of Iringa District at Iringa) Beforog A.i-i0T, Plyambo Esq0, Resident Magistrate I * MIISIJMBUKO (Ofiginal Accused) versus THE REPUBLIC;:g:;g;g;: goRESp3NDjNT (Original Prosecutor) CHARGE; Cattle theft c/s 268 and of the Penal Code Cap016 of 2b5 the Laws 0 JUDGMENT - J, .L •0 1T)• Y' ! L1LOJV T 0 -. Thd •:ap.e11t. tothe'vith• .two;IOth.rz.. who have not appealed were convict d cattle theft He was:awd:ed .the usül riiitnum. snten-ce; of-. years imprisonmen -t Ho is now challenging the conviction and the sent3nce,, There was clear evidence from a eftS Alfred Gogo - who is h;ownin the record as an adult aged 24 years,. . that tha appellant tog&the.r .wh..the two other people who were also coñice,: daeto r) the pastures during .- daytime where he was gIazing - - . cattle Ethd--stol3tl1rco ho,d of catflc. .,..),.j . The appellant engaged-Alfrod- 5(PN5) while the other two people drove away the catt10 Thc appellant thereafter joined his colleagues. The appcllant and the other two persons -r -the same village as Alfred and therefore they were well, known to him 0 Later in thé day Alfred accompanied by hi ten. cell leader rasangu1 (P73) and P4 - Giño e'ma1uru •;; ' :;.Y' 'i- ••'. - -.,. .. -.-.- c 2 - went about looking for the stollon cattle0 All these three witnesses said that they saw the appellant and those two other fellow conicts come out from a deserted house and run away to escapes One of the stolen head of cattle was found slaughtered at the scene and apparently only the internal organs had been removed from the carcass0 mc other two stoleii cattle wore also found tied up in the vicinity, The appellant and his co—convicts were arrested on the following day. The appellant gave a defence of alibi in which he claimed that on the day the cattle were stolen he was in Iringatown attending some court proceedings0 The trial ma,oistrato considered the alibi and rejected it I think the trial court was entitled to rooct that alibi in view of thc credible evicroe of PW4 - Gimo and that of P5 tlfred0 P3 - Masangula 9 s ev.idencc. was .obvao)asI. exaggerated, and, it was not safe. to. rely pr.. it,.The onbtful crodibUity of PW3s. OvideflCQ.did flOt..Of c3urse 9 d,irainish the strength of, the ovidonce ofP'4 and. P.75, .... OncO the ovidco of TW4 id R'*15' was tolieTed it could hot bo sid thit ahe case againt tië app6l1nt had hot 1oobh proved beyond a roasohablodoub± I thteford diSmiss this peal in its entiroty. = Jos MBEYi . JJDGI 22hdJhIr, 182........ . . Jud@nont road but in charibors on 2/7/82, Mr, bilinyi, ato t'noy Trainee, . 1 - 1ROSO -, JGE. . JAM/tTL1lima, . ... .