Criminal Appeal No

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM COR&Mfc-MUSTAFA, J.A. ; KISANGA, J.A. And OMAR, J.A, CRIMINAL APPEAL NO. 28 OF 1984 Between NESTO r y HUSSEIN CHIGAWA. . . . . . APPELLANT And THE REPUBLIC. ................... RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Morogoro) (Hon. Bahatx, J.) dated the 9th day of March, 1984 in Criminal Sessions Case No. 9 of 1982 JUDGMENT OF THE COURT MUSTAFA, J.A.: The appellant went to the house of the deceased one morning, and without any provocation, attacked the deceased and chased him and eventually, clubbed him to death with a pestle or a pounding stick. Death was due to internal bleeding as the head was smashed, some sort of intercr3X.lsl haemorrhage. P.W.l was an eyewitness to the attack, and the appellant arfhiitted to P.W.3 that he had killed the deceased. It transpired that the appellant had believed the deceased to have been a witch, which most probably accounted for the unprovoked attack. At the trial, the appellant alleged that he did not know what he had done; same sort of plea of insanity,. That was rightly rejected by the trial court. On appeal before uis, it was urged that he might have acted under provocation. TherO is n0,t the slightest evidence that there was any legal provocation at the time of the fatal assault. The appeal has no merit, and is dismissed. DATED at DAR ES SALAAM this 15th day of August, 1^85. A. MUSTAFA JUSTICE OF APPEAL R. H. KISANGA JUSTICE OF APPEAL _ A . M. A. OMAR JUSTICE OF APPEAL O V ^ - — 7 - --------------- < ' V ertify that this is a true copy of the original. O f - .. :U i r'.- v- • . .• y. i i \ V* . (B. P. MOSHI) '^.v> ^ ■ ^ S ENIOR DEPUTY ftEGI^PRAR.