19830715 TZHC Mbeya 1

IN HIGH CO1JRT! .?.THZiiJ1 / SLY1 , j4 8t%ir PPL1, T1 JURISDICTION (1ibeya Regstry) ORfl'LINiL P14 1 04 44 OP 1951 ' A 0flIGIthL C±IL4J CASE, NO 49 OJ' 1980 OP TRB DIRICT cOURT OP iitP'INDI DISTEIOT r T 1UTINDI Before. G. Kyae., na , D/Itagstrete G'TRLo LUNY1LI • • , P±-ELLAKtT VER THE RrUBL1 . . D3PCNDWNT Ad: pt Count r31ary e/s. 294 (1) CaL. 16 of the }enai. Coct. 2rd Count Ste üin c/ 265 Op lb of te Penal Code, IJJY NT -. The appe1lltnt was convIcted of iirlary na teJ.rg jut to concurrent 3ail terns of 3 years and 6 £dcntbs. t vas 11e& that durig the night of 13/5/80 th. cosp1ainant' s premises waa br$n i nto arid varwus articles, clothing, spoons etc. wero stolerL He reported the matter to the Police. On 17/5/80 P C Icstory (pi.i) p ~ ckp_4 up the ', appeilant on the road caxyin a bundle of clothes, He took h3n to Polite Station. The coi plint. (Pi.i) W48:i_nViA,j d to identify his stolen goods, fie identified cily one shirt and two spoons The , appellant was charged accordir1y. In his. defence he denied to have burgled the conplain'int's prL1ses. he also c13-'.d ownership of th e ahirt and the sjoons sk 1bLt the special ir)s claimed Ao have beea putonth@ artiQius uy the ouainant, the appelint said the marks were his own The trial m iaLte refused his aruaent and coni,a.çte The complainant had give.i the particu1rs of his identifying Li arks to the Policc before the appellant was arrested He(oonplain.arit) i.dntified one shirt and two spoons by his . z.1-trIcs. und aong nany 010.t-1 s and other items found in posssion of tht. aplln If he claiied%he markB to be his own, why were they not on 4 er he was possessing? I atee wit} the flndin' of ti e tra1 - strat h .umla.nant had • • . (2) ithritiiieJ. his ods , o1Ln 3 as t-Viqu. doctrirc of ent r, o ses1oi thclJ n t i as riiat1y ;riu d to hve brol.en the I h6ti c arl stole t oo1s Ths 6 eacs wce i he ara1 is in its 1 Lnt1r6ty Mbey , 15 -ft Ju1, 1983 j34 • - • . . . j • .. • . - I .1 I 4