Criminal Appeal No

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CORAM; MUSTAFa , J.A.; KISANGA, J.A. And OMAR, J.A. CRIMINAL APPEAL NO. €0 OF 1984 BONIFACE PETRO BYAMUNGU.............. APPELLANT VERSUS THE REPUBLIC. . .....................RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Dar es Salaam) (Hon. Mapigano, J . ) dated the 6th day of October, 1984 in Criminal Sessions Case No. 11 of 1983 —— — —— — JUDGMENT OF THE COURT MUSTAFA. J.A.> This was a bad case. The appellant apparently had some trouble with the husband of the deceased who allegedly had defrauded the appellant of a sum of money Shs. 8,000/-. The appellant went to the house of the deceased to look for i-Ji.O the husband., . ^ happened to be away. The appellant stayed at the house of the deceased for sometime and he alleged he had on altercation with the deceased one night. The appellant also alleged that the deceased had a knife which the appellant snatched from her. He then cut the throat of the deceased and she died from severed carotid arteries and loss of blood* TheVe clearly was no legal provocation. The appellant might have had some grievance against the husband of the deceased and the trial court found that the appellant had killed the deceased in revenge and in anger against the deceased's husband. There is no merit in the appeal and it is hereby Ismissed. DATED at Da R ES SALAAM this 19th day of August, 1985. A« MUSTAFA JUSTICE OF APPEAL R. H. KISANGA JUSTICE OF APPEAL A, M. A. OMAR 1s .i JUSTICE OF APPEAL f. c. I certify that this is a true c o p y of the original. /(IA A. 4 ^. KYANDO) REGISTRAR