19830816 TZHC Mbeya

IGI COURT O T& U? 1BLJY4V V D C'ThT rfl VVV • rn JULt.LU1J.L'. - ( bey'i HoJgJVstry) CHBfl L rEL NO 16 OF 11 OxLLGIN.iL CRflLh-tL CJiSh iO 20E OF 1960 OF T J I'RICT COURT OF Em"1BjiW iNGjt DIJTzIOT AT StJLiI3 W 1NGA ; Before S4 J Lawena sq , Reicient Mgitia±e. IvIIcl Sflci.Z iL .. APP1JLLI NT S VSVVVSV V V V 'V THE r'U:c ... . i . LESPO131!kT £4 Store brabng and st6aling o/si296(2) of the iena1 Code. V V SVVVV V • -. TI appellant was dhaied joiaty with three others for torebrakin and stealing. It wain ev1dcnce that on 2/6/80, aSatuxdar, the Store. keejer of Coff owoiks Sumba;ana, Gabriel KapaAdo (2i.i), locked his stote. On the folJo 7in' biondiy 30/6/80 b foind thV store :oi en nd vLilicle spa parts fla-s6inS. The Latt.r s reportea to Poll cc, On 11/7/80 Qp. - V SauJ.i (Pg• 2) had Thforratiori that soe no tor parts ere in the house of to e V Asw~wl Kiarido (4th Acôuod.. The Po.flc went aria sorched Isunwisyc fan bolt, V5 r ;air of brake VV fáöt he1at.ter i3 u tt andereld the parts jujflVS and -t gencrator ouiia T. - accubeL 4t1 -ccusea1 said tho arts were •V sent tO him by eo ?oiV1 for sa custody. 1i vclunteo r od to showthe Policeman the p rson rio bro V,ht cy cnt to chat person It wa the appbllaiit. vheri the .apa.11ant saw thL fourth accused in company viit}j the .Polidemanhc ran away. T .e 1,oli.ceman pursued :ria. He apprehe -rded hip. On interrogation he said he was also !ven the pa2ts by a friend, In tu V V V he took them to the 4th accuseth In his defence 1V court he denied of theparts. He also denied -tVlathe had run a,ay when he saw P9.2. He was convicted and sent-ncec to JLVrs Vprisor e' ± (the second and - . 4th accusea *ere acquitted). appellant hrough tir apieal The facts whibh tended to :hVV)1icat the apre Lit w ore that the 4th VVS aecsed told the Policeman that itwc :Ve .ppellant) who brought the.prts to b!a. He led } ..VLacrV.nc :V-- an 1an whc, when he saw them approaei, ran tray Ti was c so i 1L oa1i ha' n away. He could not said h va sea hV, Pn £Lo he told the. I11ceL1.n 1.V, 1- k' h did. 11 (2) was the apj611r wh styb raito to bi -bi ccusoI. H , e was rigiitly convicte sntcnc fLi 1aw (vaiu of property Sis 28000/). T pc1 c At 1bya, 4 4 4 16t 1983 ____ fi