19851120 TZCA Dar es Salaam2

) ~ • ., o • • .APPELL.ANT 1\ 1T'l?nsud \i J:1 ~ .i.\/ ,, THE' REPUBLIC,. • • • • 0 o BE'SPON]FNT i ' ( 1\ppe al fr om the conviction:' of the HiJh Court of Tar:zania cit TaborQ) GChipeta, J.) dated the 7th dny 0 f ilU(sUC 1 , c, I 1·1,9,. 84''., i· 1 1i in .i :I ,, ,\ I\ . --=---·--=-=~~~....---"-~--::.0, ... ~., $>_,,.. __aic-.._.·r= Nez,! 1.1~.~c,!_J;)_§J, CriminQl Sessions Ca~e ~ ------ :,! ,1 The appellc;nt was alle.:;ed to hct~e ,1 killed the deceased l1is fathGr, and was tried ar.d duly convicted by t:he :1High Court (Chipcta 1 J~) of • !,i murder. He is now appealing. ': , ,1, I~ ;r,, i,'1 The appell,::;nt had mc:ide a number of ctC::missiona and oonf'Gscionso 1I 1' In his extra juc.icial statement to a-Justice qf the Peaca 1 which wQs ·,\ :1 ' admitted at the trial court 1-1i th out ob9e ct ion, tho appelltmt cl@arly admitted that he hn.d killed th,: de ceased.., He gave the rG c1son for such ,I killing.,. The d-::ceased ucis cxtr.amely a1~r~ with the a.ppcllunt c:is n ,, result of the a;'.':,?ellant' s qction in selling some cattle to release i the rest from a seizure [lrisinc; fl'om cattle trespass and the '1\ ',, deceased had se:L'iouslyupbra.ia;}d the -.:ippell.:int for what he did .• ii The appellant w:'y...,:;_c:tid tl1c dccacisad one day: and killed him. In his ,c:.uti..i:m:..d st"1tement to a. Police· Officer the appellant '1\ gave .more or le::::i the sa.ua .:.iccounto J\ftc)I' t,he killil'lG, the a:ppella.nt at some staJe a.::mitte:d to his mother that·'.\ h~', had killed tho decco.sed•' 'I I~ At that time the appellu.nt' s brothel' heard the appe:lant'i I \ \ .,.. 2 - appellant also lc:ter f:ldmittcd su.c..11. killiUJ to~the vil1.:l.;e Chairm&n and Vill~GC S 6 crc-'cary, nnd ind@'.3d led them to the spot whore the rem&ins of the de ccc1sed .-Jere found• In his unsworn statr,ment o.t the trial, the appellunt ctttcmptcd to give another version of wh~t had happened. He nllc,_:;ed thut hG hctd a. fight with the deccctsGd, and ma.ncl8ed to knock the dacoasGd down and left the deceased on tha ground, but the deceased was apparently still alive when the appellant left the scene. The trial judge revion:d the -,::;videncc carefully und was fully satisfied that the confGssion ma.de by the appellant that he ha.d killed the dccac1sed w"1s true c1nd~that the detc1ils he gava as to what he _did when he killed uire correct and reflected what actually took plc:;ce • 1 Mr. Rug,o:1rabaznu for the uppellant' hnd filed 2 grounds of c:tppea.J. 1 but at thG- outset he withdrew them st~ti~ th&t on a-review and analysis ~of the evidence crl; tho~ trial,. he found he could not possibly succeed on the grounds he lu1d formulated in his Memorandum of .\ppe al 1 ' WG ourselves have c~i:i:efully considere.d the cvidGnce and we are left in no doubt that the conviction of the appellant of murder was justified. We find-no merit in the appeal which is dismissed. ,,~lo. nu Ji' ; _; • .: MTTsr.7 .... 1 11 ~ ..... .___,,.." ._.,._OF JUSTICE APPEAL ... ..,,..~,,...~- L. H. Ms,KllMB' JU ST I CE' OP JIPP:S AL 'll..."31;" ..,, _ _ _ _,, . . . . . . . !'I. ........ !11111 ,..,.___ R. H. KISMJe:.:11 JUST I CE OF 11PPJ AL .,_-~ <\ ~ ft• ~-x,r,........,,._,·:O,;o,,•- _,......,_.,. . . .