19860620 TZCA Dar es Salaam2

IN i'HE COUR'.J.· OF APPEAL OF' 'l',,NZnNIA CRIMINAL ~PPEAL NO. 91 OF 1985 JIIJilYALA s/o MAL/\MO •• 0 • • • APr'ELLANT VERSUS '.CHE REPUBLIC. • • • • • • • • • • - RE3PONJEN1' (Appeai from.the convic~ion of ~he High Cour~ of Tanzania ae Mwanza) (Mushi, J.) da~ed ~he 28~h day of OcLOber, 1984 in : rf Ij I i Criminal Appeal No. 37 6f 1984 ----------- JUJ.GMENT OF '.!:HE COURT The appellant ~as coovic~ej a~ ~he Jis~ric~ Cour~ of Ngudu of robbery cgn~rary_~o sec~ions 285 and 2e6 of ~he Penql Code and sen~enr.ed ,o 7 years imprisonmen'._ Hts appeal ,. ii ~o +-be High Cour, was dismissed. He now aopeals LO Lhis Cour+-. The prosecution ~viden~e adduced aL 'he 'rial was ~ha, ~he appellan,, ~i~h ano~her person whQ wa§ no~ aoorehended or charged, ordered Lhe ~omplainan+- P.W.2 ~o S'Op while P.W.2 was ~ravelling on Lhe road. P.~i2 flashed his Lorch and saw ,he appellanL who w2 s carrying a 'Orch and 2 panga. P.W.2 knew Lhe appellanL. The~e was a 'tight beLweeg P.W.2 Ii As ~he appellan~ and his comcanion were ge''ing away • ✓-~~ ..... /2. . II • ' 2 ,.·-om ~he r;;cene of ... he a,..,..ack, P.W.6, who had earlier accompanied 'P.W.2 on '-he journey, bu'- who had.remained behi.nd a~ P.W.6's bicycle haq brok~n down, came on ,_he s~ene and saw ~he appellan~. P.W.6 s w the wa,..ch of P.W.2 being sna'"cbed up and '"aken away. 9 He saw ~hai- P.1"1.2 had been injured by cu'" wounds on his head and hands. The appellan~ and hi§_companion had ~sed violence '-O rob P.W.2, and succeeded in ge'-'-ing P.W.2's wa,..ch. had been properly iden'-ified by P.W.2 and P.W.6, who bad known him previously. There was cer~ainly evidence for ~ha~ concurren~ finding. In his appeal Lhe appellan'" raised no poin~ of law a~ all. As ~his i§ a secon1 appec1l, since no potn'" of law has teen ·· • raised, i'" is incompe~en'". We dismiss '"he appeal in i'"S · DATED at MW,.NZA '-his 20'-h day of June, 1986. A. MUSTAFA JU.S·1·ICE OF APPEAL L. M. MAKAME JUSTICE OF APPEAL R. H. KISANGA JUSTICE OF APPEAL I certify LhaL Lhis is a ... rue copy of Lhe original. L.· •/ /: ..r I. ( J. H. 1'\SOFFE) DEPUTY REGIS·1R/\R • . I• I I,'·