19830820 TZHC Mbeya

IN TIfF HIGII COURT OF TANZANIA f MBEYA A2ELIAT JURISDICTION HIGH COURT CRIMINAL A2PEAL No.66 OF 1982 (Original Cririinal Case No.65 of 1982 of the District Court of Iringa District at Irinra Before: S.V.G. Karua, Resident Magistrate) EMANUEL s/o T'IPEGA. , • . . .. , . . . • o • • • . • • • . • • • • APPELLANT . VERSUS P HE REPUBLIC ........ . ., .. . . . .-.R.ESPONDENT Charge: 1st count: Bu.rglary c/s 294(1)of the Pna1 Code Cau,16 1Tol.I of the Lawe. 2nd count: 3tea1in c/s 265 of the .PnaCde Caa.15 Vol.1 of the Laws. TIT TTI'T U y. JNYER The nt as .arod with burglary arid. Qtealing. The story was that Auriig the njgh of 15/1/82 thG complainant (PW3)'s house was ba:Ili inL and various items ot elothine and household utensils were stolen, on 6/2/82 9 on information reeeived Sgt, Major Gwerno (?W1) set out to the appellant home in Nclotela viJJage. The Nlice1an was in company with the complainant. The app11 was not found at home. His wife was there, The seah was mounted in ioresence of the balozi and other A neck tie and a sufuria were seized and. the cornjnant 1aimed they were his. Later it was,tLiscovered tt there was an unoccupied ho.ise near the appe]Jants and sie foot marks were seen leading into it. A search was out in that empty house and a bundle was found. '1 contained articles of clothing and househoN As they wore examining the itoods the appellant WpprtkaOhed from so....tewhoro. Then he saw the policoraafl and hijk4iel4rch party he t )ok ±f t1e shoos he was wearing arid. te on the way. The s1aoo were seized These iogeth with tee item founclin unoccupied house were identified comJ.ainar .., 1 ho ,e1l at was •aceordini cbar 1 In