19830830 TZHC Mbeya1

4 • fl TiF L1 TUFT OF TjZF L J,iCL5. (eya ioistry) CRfl'iINIi i1'LL NO. 13 OF 1981 0.1 GIN L CAraJ L I ' OO OF 19 80 OF T DIO"2itCT COUFT OF i)IOTFICT T Li ND Befor,e: k idohamel, Lsq. District Liaçistrate. JOSH S/O J& ,QL!I'd3 ......... 1'IELLT vhtSUs THE hEPUBLIC J . . . . . . DESPONDENT ClLE: 1st Count: Unafu1 wounding c/sa28(1) of the Penal Code. 2nd Count: Unlaw±'ul wo ndirg d/s,228(i) of the I eiiai Cde JUD2Li 1 he four ap)e11ants wc-r€ ch"ed jointly with t .° cottnts of unlawful , woining 't was a11ec th t en 14/11/60 dur2n th day tue te two cooilainonts (i 1 dad i 2) went to a 1ace they o11od Kil'usi (i.rip. They had their bcenves aere C, orrlvc 1 tI y found the four appcUants reapilln, I oncy £TJu tii ihen the Oorj1auiants c iriailehged, thea they attzcke They in'jurcd the coi1ain'uits as eorto1 on the IP.3's. Th appe1'eats were chaged aOcc.rdih1y in thei Uofene they. deriied that they met the two coap1ina. t that clay. T'iei dfcnce was rcjectede They were ohvicteJ and 'fined 6hs, 400/= each cou:nt (the first appellant only was finOd hs.700/= in the .firt oulit). Thcy appealed to this court.• thi ppea1 is devoid of medts The assault took place ih'broa. day 1ight: : There was evidence f P.3 who said he heard 1oises and went to Se e ie found the four app..iiants beat the to coeip1ainants I di ~U tAa thth joint apical in its entiret y. t Mbeyi, P. A ~ mm;_'w"4 , 30th Juust, 1583 JU