19840905 TZHC Iringa

I ,? IN.. THE HIGH CtPT eF TANANIA ORIGINAL JUISDICTI N EYA REGISTRY CRThIMAL SESSINS . . THE REPUBLIC .- VERSUS.: JULIUS. .S/O TUSAMBANE SANG.A.; .... CHARGE MURDER, Ccntr'ry tc' Sectien 196 of tl- ë Penal Cede. MAIN, J . In this case, the •used, JiLIUS ,T.tJSAMBANE SANGA, is charged with murder csntraryteecticn 196 of the penal Cede. It is alleged by the prosecutic'n that on or a'ut the 16th day of 'ay, 1982 at Nakete District office a*ea the accused murdered cne Ne. B.26, Pelice Sergeant Leriard Mhadisa. The accused. h pleaded ttNetGuiltyFt to the charge and claims that he ws mntaliy sick at the time. The facts establjshed by the presecutien and which are net disputed by . the defence are brief 1' as fc1iew, The accused was empleyed as a watchman at Makete Distrc ?ffice. • 11 e had undegne training as a militiaman accerdina t" his instructer, .2 6.7996 Sergeant Juma, n 15.5.1982 the ecceed was on duty at the Makete District ffice. He had a gun Exhibit P.1 which he had taken from the Pelice Static'n that evening. Tt abeut 7.45 p.m. P4.1 Alex Mbilinyi was driving his. efficial. Ltnd Iever in which the District Administrative 'fficer one Ames Kibuti was travelling on duty. • When the vehicle arrived at th,e Djstrict ffice,. the accused erder4 Alex to step the vehicle, put ef.f the lichts and, identify himself. The accused cisc wanted to knew wh was in the vehicle. .Alexcqmpiied with all crders given by the accused. The acusedcr.deredAlex te carry two effici als, one Mtwev:e, a Man pewer plan agernen fficer. and one Mtwale.a cashier in the vehicle. Alexcemplied and he car:ed them on his way to Kibuti's heuse. ... . . Whn "1ex.dreve thee,tw''pec'p1e in his vehicle en the'.way frc'm Kihuti's hcuse, the accused crddred'thm to step and erdered Mtweve tr get Put of the veigle. The, accused (-rdered.rMtweve to ge to the Pelice Statien on feet and to report .tat the District Gffi*e - 0 (2) had been attackedby bandits0 When-?t-weve left, the accused said that PW1 Alex and the cashir;X4twaie,ereunder arrest. A persen pssed there and accused c'rdered him teqet into the Land Reverin whiQh Alex ilinyi and Mtw1e were Th acutheñ ran amck He blew his whistle and suted, raisdalar, saying '!Majambazi wamevamia.Bem.a', (BindSkP h'e attacked the District ff ice). He was askinq for help. eme five peeple went there and the accused erdered them to surtender we ncn.s ...':e hdda.gun, anether a spear and thc third had a panga. After di ar.m1r them the accused wanted tc' knew what they we-nt to dc-the hY s'Md they had"erx'é in respense to his alarms The accused wc-ièld net listen T1hen Pc'lice arrived accempani2d by Mtweve, the accused rrdered them to step and te.idep.tify themselves. He was teld who th' were but he weuld net lis±en. He c'rdered tie eceed who was the driver f the Pelic Landrever to put hi quncn-ho .greund One smart Pclice officer, Cpl. Mboetcc-k awy t-e gun and accused started firing his un at them. •tay dispersd 1 d the ece'sed went 'en feet tc the Pelice Stati-en where h-:- was -ji.ri,ed, by. .P1, Ilex. Reinfercement was seuqht and ehtired..P'IO2:g•t. Juma and ether Pelice (_%ffi.cers went to the scene in the,: vehicle.driven-'by PW.1 Alex Niiinyi. When they rrivedthe. acctsed was. still bersek' He was erdering the Peico to step and s'3n that they had all censpi-red tettac} the )istrict f.fice, ' jo. f1redtJ tbertr 1 he- Pelice diers9d 'and hid themselves, .,Sedid h,cther. persons including.P.l Alex Mbilinyi.. ecc.th accsed who had a spetted 1 th deceased0 •Jla ch.asd- the ieceesei and.when they 'met', the deceased askd why th accused hd c].led for Pelid te help ..,. him and then he decided ..tc fire at the , cry. Pelice he had cli'éd. The accused rospcnded by shectinq the dceased with a gun. The deceased fell dewn, fata.iy iiijur.ed. P.2 ,gt- Juma'wh'e .witnssed the sheeting, w e n t hcrne, tc'ek a terch and,be returned te the''ôee' The decense had sustained a wound en -the neck and he bled' pc'fusely. He died on the way. to c.spital. ... . .,•. .. on 16.5. 1982 P1.3 Dr0 Jesaph Mbilinyi performed pc'stmertem examination on the hedy and he was of the epinien that, death was due to hacmcrrhoe w-iach r-sultEd frem arina -"ff of carotid arrries. He fund there were two holes on the neck and these had tern off the muscles and caretid arteries on the neck. A bullet ceud h-we caused the tunds' on fc neck the decter said. •000000 /3 () The accus-ed was arrested ithe -a ]y hours of 16582 - few hours after the killing and h: , st i_~ l carri -:Cd the g u n' :' with whidh he had shot thedeceased. . --.. - -r J-•- . In his unswerh statement, the accad.s aid tht h'1 did net -. remembr what he hd d'ne0 :'His recollectien was eti:ly.üp-tc the time ri the Land Rover at'rivod t the office ano h' said that hiheart was beatinq very fast i-i remembered t- n-v - fired his gun bUt specifi- CL- cally hew and why, he could net recall r Mweksungula, learned Counsélfor tHd accuscd tendered a epert by the MediaiSuejhte_ ndent at Isanqa Institution, D doma In tht was submitted to t h e cc'urt pr-suant to an cd . made sctIen 168A (1) of the Criminal Prec-edure C'deth psycharist says 1 that the accused was insane when he did tfie allegd'adt Accodinq to th medical rcport,thC p'sydhiritws of the'pinicn that the accused was su±ferinTrcm hailUntid ahd' sions and he iagnosed the c sed!s:diee:f th' md s schizophrcin1a0 From tho evidence adduced in this case, I am satisfied -that 'i.. NO0B0 1726 Pelic-Seea'nt Leonard P4hadiSa is dead. and that he-died- from the injuries received after bc:in: shot by the accused. . What the ccurt has to dec ide is whethr at the time of the killing tF acciised was4nsan--' The prcscutirn vtdene she ,that the accused behaved very abnormally tht ev ,-ntng when he killed the deceased0 Pi02 Sgt0 Jurn said thIt th€ accused was a nice person and his behaviour at the time of the 1,illinri was contrary to the accused's known behaviour0 Similarly, F --el lex Mbilinyi said that he too knew the accused but what the accused did that evening was surprisinc. The accused, as the evidence showed, was stepping vehicles and people passi?vj' hi place of work indiscriminately and he asked everyone, even those known himto introduce them- 4 selves to h m0 rThdt is surprising is that he raised alarm, shouted and even cried, saythq that bands ts were ttacking his place of work, but there were no s -tca bandits there; nd when Police and ether people went to the scene, he disarmed them and put them under arrest0 The evidence for th -- prosecution is consistent with the psychiatrist's rencrt, that the accused was suffering from hallucin.atirns and delusions0 This corJiticn of the mind, the doctor reported, rnnkes cne see imaginary peple whom the accused thought - were thieves0 It is relevant to point rut that the doctor found that two members of the accused's farnily , that is, the accused's brother and also his sister are sufferina from mental disease and ,-r-- • V 4) currently undergcing medict tretmtnt he accused t s behavic'ur at the time of the kj.l1ir th deceerjshCws that the accused was suffering frem a diseséf thin.nd. He was -therefcre incapable c'f undVertend1ng what he ws 'C'Vng. With resoet, I agree with bc'th assess.crs"thát the 'aècusc'd wasV.insene'when he 'killed the deceased. It. is very 4lnf thete and said that the deceased was •' kiiled while he was on duty but the accused, as I. have feundwa i'nsane at the 'time. V ,Accrdingly, i make a special findinç under. sectien 168(1) the Criminal Pr'cedure Cc'de, that thc accused did the act charged, but by reasc'n of his insanity hr is not guilty of the. c'ffence ' V i'sct'dered, under secticn 16 . (2) '(a) c'f •the.Crin1?ial Prccedure Cc'de, that a certified cc'py cf. the .recerd cf these prcceodings be submittd tóthe Minisr for Justice.' 'Meanwhile, the accused shall, 'be kept in custcdy as a criminal lunatic.V 2 r- '' ' ,•. V AT IIJGA':, , 'J J. MAINA, V 5thSptember, 194 JUDGE RDER: V ' ' ' • V • V V V The Un (xhibit P.1) sheuld be returned to the Pclice Static'n at M - kete. J0 MINA 1 ' V V • V ' JUDGE. V 5.91984 V. AsSessc'rs ae thanked and discharged. • ' . V V W. J. MAINA, V' JUDGE. ' V