lwanka bahindabya vs republic 1987 tzca 78 14 august 1987

IN THE COURT OF AFFEAL OF TAimZAw IA AT MWAImZA (CORAM: MU3TAFA, J .A .t QMAR, J .A . And MAFIGAK P. .Ag. J tA .) CRIMINAL AFFEAL AO. 48 OF 1986 LWAWKA BAHItoDABYA............. AFFELLAV VER3US THE REFUBLIC.................... RESFO«LEf«T (Appeal from the conviction of the High Court of Tanzania at Tabora) (Mchome, IRM» Ext. Jurisdicti dated the 25th day of July, 1986 in Criminal Sessions Case No. 81 of 1985 Ju d g m e n t of t h e court MUSTAFA, J.A.: This is a straighforward case. The appellant had burst into the house of the deceased where the deceased was drinking with friends* The appellant shouted that he was looking for the deceased and had at last found him. The appellant thereupon struck the deceased sereralblows with hig panga. F.W.2, P.W.3 and P.W.4f who were drinking with the deceased at thematerial time, saw the attack on the deceased by the appellant. The deceased died two days later from the wounds inflicted by the appellant. According to the post mortem report the cause offd«ath ’’as haemorrhage arising from deep penetrating wounds cn the elbow joint involving blood vessels and various bruises on the shoulder, temperal wrist and elbon areas. The appellant in his defence denied that he had attacked the deceased at all* The appellant alleged that F.W.2 was the one who had attacked him and had chased him from the deceased’s house. He called no witnesses. However the trial court, and its assessors believed the evidence of the prosecution witnesses who actually saw the attack. We are satisfied that the appellant had ccmmitted the offence with which he was charged. The appeal has no merit, and is dismissed. DATED at MWANZA this 14th day of August, 1987t A. MUSTAFA JUSTICE OF AFFEAL D • F . MAFI GAw 0 Ag. JUSTICE OF AFFEAL I certify that this is a true copy of the original* (J. H. M30FFE) DEFUTY REGISTRAR