19830817 TZHC Mbeya 1

(Y - ' j. TTh 1I. C -DJ. ? •.D A.tsi,LLA La U TR \. .\ HIGH COURT CRIMINAL AP2EAL NO.38 OF 1983 (briinai Criminal Case No.209 1482df the District Court of Iringa District at Iriria Before S.VG4Icarua, Resident Magistrate) LUCAS MâSILI-1. • • • • • • . O • • • a •Oa 0430•O• •0, PELANT 6..iL.ii ,Aocaa.sed. versus : THE REPUBLIC . . a a a a e . a a a a a a' a a a oaq.o.. . . • • . a a • . RESPONDNT (origin.al 111r8cutor) Chargé: Cattle theft c/ss 268 & 265 or the PeaJ. GoU . Cap 6 To1. 1 ci' the Laws. I'UD G1VIENT UYERA The appellant was ö:.arged joint witi" tW ohe or cattle thefta If s sted that bn 15/5/82 one hed of eomplainant's CattlC was ao1en, . ar}i, wa mot. Iater it was discovered that the lost atte had aJ#iire4 at a certain butchery in Igingilanyi ViJ.ae. 'Some Opt and skin was found in the appellant's house. It was aU.e4 that meat and the skin vré sent into the house by the 3rd accused on apc1lant's ordors In his defence th appellant denied knowledge of the filaughtered . anmaI. Ie, said he knew nothing of the skin said to have been in his house. He (and his co-accused) s convicted p sentenced to five years iL"ris3flifl3nt. He appeals to t1s court. There was not a sing o proeecutio:i vitnes who s bAkd he saw the appellant sending .,to ioat r ' skin to Ilia house nor was there any t t when the 'ie: t and qk1h we sent there he was present. The convicion was bado' the 3rd aQQused's stcry in his defebe they . 3laUghtr3d thc that he ': 7' sent .fy