19830716 TZHC Mbeya2

IN T iiIG: ooui o Ti;iu iLLT JtJISDICTIu:., (1 lbLya liJ stry) CRB1L JEAL NO. 21 OF 1981 OtIGINL CRfliflIiL CHS NO. 18 OF 1980 OF TH DIiiIcT CC)UiU OF ±ifl'jG I21UP T IRINGA Before . N .6 kapeya, Esq , iiesent Magistrate J0'N LBERT IiGU1LJ4.. .. . , ,...... .P)ELIANT VERSUS THE }EliJBi.1IC . ..................... . • REaQNMT CHRG1i: liobbory with Violence c/s. 2a5 and 986 of the JUD.i MUNYIRJt J.: The appellant was convicted of robbery. The story. was 13/1/80 at about 8 p.m., banits broke into the toip1ainant shop I at Kihesa Ki).olo.. They 6thrted to i ei.ioe hop goods at gun pn4 Th complainant .imageci to •shut himself, in the bedS room 1oavi the lvbbeti in the shop. They took rh.tver they wanted arid went away. The matter as reported to t ie Po1 e io arrived at the scene with t iei' and tracked the robbers.. Thy .'icked evta1 Vticles - f diothinkJ were bei dropped as 1he robbery werc runrin away. SomawhQxwa bea&de roá4 they found a ead hotly with a wound dn the chest. The do# ftoeeded and tojed at pemon who was .yin. in the .g±ass. '-de had a woin.4 anc bled profuselyi He was treated and thzn charge (:L with robbery. tq bia defence the a. peliant denied that he rob o.i the couplainant. the injury he sustainec. ; he aruei that on that ateria1 day at p.s. tthat was before re'bery at aL at 8 p.u.) he was in the hoixs44 of oe Lazaro (D4.1). group of thu loliceejen surrounded the house ig4d 4rdered cim to raise .thir hands. 11u fluti the hose rcuh a window an4A so doing he fel un uotor•parts On..i got woundc.. Thu trial mitat rejected the defence and cpnicted h.L. and ue:t nced him to imprisonment. He is now appealing against h. ucision. Th learn d Counsel for the Republic subL..ted that th against the ape11ant was cir .usta c 1 ri liot atertiit, hesjst.tcd nv. ie cot . (2) I have gone throu: th q . cvi .erce e 1 £ u t it the arrellarit was not identified while in the sho:. But th:re was nce of thQ cc;:lainant (P 1) which the trial i1tict te ccc, tea (rihtly o) that there was a fight in the snoj The coi4L1nt was in th ed root and his adversaree in the;shop. Th6 tried to tcrcc thesbecI roe ir.of3on while the cornplaina nt thiist his spear throut.h tnc scCs He sa I for three tiis he felt as if he had stabbed a soft obj ct That was a body of' a hu&ian being. Then the Police f9und ade1 body notfar f ro;.,i the sdpa1d it appeared the deceased died of a ches.viound. It was one )f the äoplainànt's invader,, l4ext they found the app41a lying in the bush ii1eediñ profuzely from a wound L1u was about 9 p. 7m. The appellant alleged that he *atine4 7. %i iird at1245p.m, long befoe robber. Thia c4uldt b. He h_aYe ; ,Nr ich a severe bleedin frog 12.45 p.s. to %pm. nd why did h;continue:tobe in the bush fo uch a lolf, time?h p.C. Iddi (P..2) said they ftund a: hlnkt.t 6 paces from where thç eppaXlant was yJ.jig.. Thu bLrnket: was aton the stolen sho.goods. I CirA ak the appellant was stabbed by the coth1ainant while in the shop.. the ease hevaxong the robbers. He was rightly convtcted ax,4d the itence of 8 ye-'rs is confirried. The api.4 is distued in tkg ttiety - . T. t Mbeya, ?. ' 6th July, 1983 J1JD. • -'i.-. -- : - - ,..• • fri