19840806 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA AT J\RUSHA (CORAM: CR!M!NAL APPEAL NO. 50 OF 1983 BET WE E N 1 ALOYCE FRANCIS KIATA. o' o o o o o lb a APPELLANT i AND ! THE REPUBLIC • • • • • • • •• • ■■ ~ ■ ■ RESPONDENT (Appeal from the judgment of the Hi,gh Court of Tanzania ~t Moshi) (Mwakibete, '. J. ) dated the 21st dpy of Sept...,mber, 1983 JUDGMENT OF TJ:iE COURT MUSTAFl\__L2,..! . ~ The appellant was convictc...:d of murder and sentenced to death. He stabbed the deceased, who was the 'wife of P.W.1, and the doceas'3d died of septcaemia :resulting from the multiple ' ' wounds inflicted on her by the app~llant. P.W.1 had accused the appellant of stealing a goat belonging to P. W.1 and the appellant wi:ls ar.b:s;ted, locked up and -then I releuscdo Upon his release he met;,P.W.1 with whom he had a short conversetion. P.W.1 said he asked the appellant, in a f'riendly way, if he could tell him wh~re the stolen goat was. I The! app2llant said that h2 knew nothing of the goat. It was !1 . .11. morning, about 10.00 u.m. on an Ea~ter Sund_ay. P ■-W .1 wen.t on his way and shortly thereaft:f~r the appellant ran afb.~r P.W.1 and stabbed him w,ith a knife., in1juring :P.w.1. He ran past .his house tu a neighbou_r. c...,/'- t - . 2 ;... I It s2-::.'med that the deceased h~ard PoWa1's shouts of alarm, and came out of her house, and was trying to follow PoWo1 when the appellant caught up with her and stabbed her to deatho The trial judge found that the appellant killed the deceased with malice aforethought and convict~d him of murdero He found no prcNocation, nor that the appellant was drunk or so drunlc as to have been incapable of forming an intention to kill., on appeal before us Mr. Shayo for the appellant attempted tc argue that there was some provocationo When it was pointed out to him that at no stage was i t suggested that the deceased could have provoked the appellant, he did not press that groundo on drunkeness the appell.ant himself stated in evidence that he had taken pombe that morning but that he was not drunk'o No witnesses b~stified that he was drunk, indeed somo s ta.tcd categorically that he was noto We believe that the appellaht deliberately set out to kill Po 1,J o1 in anger or in revehge for having been accused of having stolen PoWo1 1 s goat, and in the process killed the deceased insteado We find no merit in the appeal which we dismiss in its entirety. DATED at .,-ARVSHA this 6th day of August, 1984 o 1' I / Ao MUSTI,FA JUSTICE OF APPE hL ·,:,,,.,' -. ' - LoMo NAKi,ME r: ;,· . '. ''. --~, .· ,·. JUSTJ;CE OF APPE/,L Ro Ho KISJ:tNGi, .JUSTICE OF APPEAL I cC::rtify that .-;_-" th£~ is a true copy of the originalo [ .,;.-- I J(, I( {I {l{ (( (,(, cOAo Ao~YANDO ) ✓ D~PUTY REGISTRAR