19830905 TZHC Arusha

IN THE HIGH COURT OF TANZANIA AT ARUSIA. CRIMINAL APPEAL NO0 156 OF 1979 c/f 178/79 (From the decision of theujatrict Court of .Kiteto at Kiteto in Criminal CaseNo. 49 of 1979. '4 KISH.AKWI MADUMBA: ..... .... o ............ .... . . (RIGAt ACCUSED) VERSUS . TH. REPUBLIC: 0 a o o.1000000000000000voloG,00*OORESPONDENT (ORIGINAL PROSECUTOR) This is an appeal by both appellants charges jointly at the District Court of Kiteto with cattle theft and convicted. .At•the hearing of the appeal the Learned State Attorney did not support conviction. I then made an order allowing appeal, quashing convictions and set aside sentences against both appellant. I now give my reasons. Briefly the case against the It Appellant was(lst accused Kishakwj s/a Madumba) that he was handed 4 heads of cattle by the Chairman of Dongo Village and instructed to drive that cattle to Kibaya as the villages 'contri1ution in the war against Iddi Amin. The 1st Appellant reguested the 2nd 4ppellarit to he1p him drive the four heads of cattle. One head of cattle was iery aggressive and sort of refused to be driven out of the village. It's behaviours caused problems to the two appellant 's duty to deliver the cattle to Kibaya. Faced with this prob1em the 2nd appellant offered to koep this troublesome head f cattle in his Eouse and in its place he offered one oi his own cattle. Although the replcaed head of cattle was sryuller than the original donated by some villager. AfiJcr this exchange the trip was easy and both appellants delired the fbur heads of cattle ./2. -2- Later Ion the donor saw his head of cattle in the house of the 2nd .Accused and reported the matter to Police whereupon both appellants were a:;prehended and convicted0 I fail to L4ce any evidence of INTENTION to steal or intention to do any wrong0 The Trial Magistrate hopelessly went wrong in his reasons which sent two innocent volunteers to prison0 Since there is no evidence whatsoever against both appellants in respect of the joint charge brought against them I allow both appeals, quash the convictions and set aside sentences 1 passed against them and order their immediate release unless Otherwise lawfully held0 D.K4PDO AG IJDGE0' Delivered in Open Court or5th 3e1)teniber,1983. in presence of the State .ttorney0 A