19830907 TZHC Arusha

- IN THE HIGH COURT OF TANZANIA AT ARUSHA - HIGH COURT CRIMINAL APPEAL NO. 147 OF 1979 ORIGINAL CRIMINAL CASE NO. 1102 OF 1977 OF THE DISTRICT COURT OF MOSHI DISTRICT AT MOSHI MASELEMBE PASKAL: • . •... . . .. . • . . . . . . . ... ... • 1II .APPELLA:NT VERSUS THE REPUBLIC: •.. •1I • • • • • • • • ....... •.• . . . . . . . . . . RESPONDENT J U D G M E N T KAPOOR AG. J. This is an appeal by appellant Iaaelembe Paskal who was the 2nd accused person at the trial. At the hearing Mrs. Lyimo iearned State Attorney submitted that she did not support the conviction as the trial magistrate had misdirected himself on the proof. From the record it appears that the appellant was granted bail on 2/11/1979. After setting out the fact of this case the trial magistrate bad this to say when attempting to commence setting out reasons for his judgment. The most fundamental points to be considered by the court are- (1) there is no dispute that the compt. was assaulted while in his d execution of his duties at the High life bar and that there was an out break of the during the period in Question in the Kilimanjaro Region. I . . -2- that the accused was seen without a shirt by the P.W. 2 at the place of the incident immediately the l&tter had responded to the call as an indication that there was a scuffle between the compto as a victim and the perpetrators some of whom are the accused persons. though the prosecution evidence is that of a single witness, this court undoubtedly accepts it as a worthy credit. The accused would not advance even a slight re50 why this case is a frame up against them by the compt. Accordin1v this court finds all the accused guilty and they are convicted as charred. It is quiet clear that the trial magistrate did not decide the three fundamental points he wanted to consider. However his statement appearing under para 3 above clearly shows that the trial magistrate misdirected himself on the requirements that the prosecution has to prove its case beyond reasonable doubt to obtain a conviction. The law places no duty upon the accused in respect of the offence charged. I allow this appeal, quash the conviction and set aside the sentence past against the appellant. D. N.ftA'OOR, UDGE. / 7/9/1983. Delivered in court on 7/9/V 3 in the presence of Mrs. Lyimo. D. N. icAOOR, AG. JUDGE.