19860815 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA AT PAR E$ SALAAM 'fORM!z MUSTAFA, J .. A •. ;tKISAN~A,_~.Ao And ~MAR, ·J.A. CRIMINAL APPEAL NO~ 28 OF 1984 Between NBST0RY HUSSE1N CHIGAWA• • And THE REPUBLIC. • • • ii • R£SPONDENT (Appeai from the conviction the High of Court of Tanzania at Morogoro) (Hono Bahati, Jo) dated the 9th day Of March, 1984 in Criminal . .Se_'sSi( 1 Case No. 9 of· 1982 · I JUDGMENT ·op THE COURT MUSTAFA, J.A.: The aI)pellant w_ent to· the_ hou.se of the deceased one morning, rind without arty provoc:ation, attacked,, the deceased and chased him .. .... .. ....4. ~ 4•_ . . ~ and ·e~entually, clubbed him .to death with a pes~le or a-pounding stick. ·Death was due· to ·intt:rnal ·01Eiedi'rig as ·the"head was s:,1ashed ,- some sort of: intercrcfli~l haenior,:f}age. t· P .. W.1 was an eyewi~ness to the attack, and the appellant admitted to PoWo3 that he had killed the.~eceased. It transpired that the appellant had believed the deceastd to have been a witch, which most probably:accounted for t~e unprQvoked attack. At the trial, the·appellant ·aiieged· that he did not know what he had done; same sort of plea ~f insanity. ·That was rightly rejected by the trial court. On appt?~l befo~e us., .it was urged • _- I' .. that he might have a·cte<i urider.."p£Qv9cci&tfon·. ----There~ is nc,t the slightest evidence that . there was any . j.egal· pJ"ovocation at the - . . time Of the fatal assaui°·f:· .... _,. ---• ... - -- The appeal has ·no ~erit, and is ~ismissed~ DATED at DAR ES .Jx;AAk •th:i.s 15th d y '>f ·Aug\l;t, 1985. .• <.) '. ,., '. a✓ / _I ' ':..•. •.•• oo••~••o .\ ·12 t A• MVS'l'AFA {U,SJ!~iJ, _o~u!:lf !M: R.H. J<ISANGA JU!:r\e.i ~!L.AJ!P~&L . ,c. : .\. _. :\o:.i c:>,.\~~ ... i : l,.i :;, \: J' ·': . . -.,..,.,;1, ... ~ (J {--i i\ l/ 1? F; •'!~~:. · - ' 1 1 " · ~ ~ .. ~ ... -~~~ ,i:. .>r:9l'j';. 'J;,n ,· fi , .t .,. i rO • J f .. \ : : • ,• I • ' . ,!p}': h rU.... ·, : t ,. - '1 • ~1..r;-Q .. I, .~~ .. ,1 1£:J~..l.~~~m ..,, ...., ; f,, I •·, •~ .. •~~)';";'r:,-f •.t··"'( -·~:. ,; j,. ♦ w~-: ""l",o .. -i.•-· ..x.~r ; t";t•· ~· -~~.... ~· ...........• ... . •.,( .