19841016 TZCA Tanga

1- IN THE (,OTjR'l OF APPEAL OF TANZANIA - : TANA (CORAM: Mustafa Makame L J.A. and, Kisanga, CRIMINAL APPEAL NO 0 41 OF 1983 B E T 14 B E 14 1, YUSTJFU ATIUMANI KILuL) •• APPELLANTS 20 liAMAD HAMZA FUNDO ) • , • • • • • • AND THEREPUBLIC..............••' •RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Tanga) (Sisya, .) dated 'the 19th day of ,August, 1983 in C4mirial Sessions Case No. 58 of 1919 JTJDGMENT OF THE COURT JI MUSTAFA, J.A.: The appellants were convicted ofmurder.. The evidence for the prosecution rested primarily the evidence of P.44 Leah. P.W.4 knew both the ap.e1lants well. On the night inqLlestion she saw the deceased, who was one of the co—tenants in the house P.14.4 was residing,.en'ter.the house, bleeding profusely, closely followed by the two appellants. The two appellants, one of 'whom. was. armed with, a butcher'.s knife, forcibly drgged the deceased outof the house, at the same time ordering P.W.4 to remain silent, oD pain of-death.. - P.14.4 remained in her house out of fear to her life. Early the...following morning the dead body of the deceased was found at a place not far from P.14.4's house. There was a blood trail leading from FW.4's house to where the deceased's body was found. P.14.4 immediately informed the villagers who bad gathered of what she had seen, and also the police officer who shortly arrived at': the scene.. She clearly and properly identified the two appellants who were her - co—villagers and the appellants were duly / 7 aested. Phe appellants dèñ&ed that the incident occurred as narrated by ?W46 They âleged tha't thewere drinking in P.W.4's - hóue on the material iiight and that during such drinking, the deceséd apparently áttaked the appellants. However, in their extz's.'Judicial statements to the Justice of Peace, the appellants talked of vriotte maters, but did not mention such drinking in P.W4s hduse, hor of the alleged attack on them by the deceased. P.i4 had oategotcally stated that there was no drinking at all in.her house that night. The trial judge analysed the evidence of the prosecution and the defence and was fuIl\r satisfied that P.W.4 was an honest and truthful witness. He dalt with the evidence adduced in great detail and with care. He rejected the account given by the ap9ellants about dzinking in P.W.4's house as totally untrue. Indeed a witness callee. by the appellants in ot'der to support their contention gave dvidence which would ihdicàte that the appellants were not telling the truth. We can I ifld. no misdirection by the trial judge on the facts. Mr. I4ramba for the appellants conceded that, if the evidence of P.W.4 is believed, as it was by the trial judge, then it would be extremely difficult to find fault with the trial judge's coftclusion., . a . . 13 6 j - 3-. We have carefully read the record, and we are of opinion - that the conriction is sound. We gocordingly dismiss the appeal. DATED at TANGA this 16th day of Ootoer, 1984. A. MIJSTAF.tt JUSTICE OF APPEAL - L, N. MJKAME JUSTICE OF APPEAL R. H. KISANGA JUSTICE OF APPEAL I certify that this -Is a true oopy of the.origin.al . (. B. P. MOSHI ) SENIOR DE1Y REGIPRAR