19870812 TZCA Dar es Salaam3

·,. ' .l JUDGMENT OF THE COURT place on in the neighbouring village 11.ocording to F.w.3 L i I .' {. ' I. Ii .,. I. ·•' ...... /3. .( 1 t ._- ·1 •,. $,• ; , ' l 3 ·:~ The appellants are dissatisfied, hence this appeal·. In .their joint petition of appeal, the appellants put forward the submission that the case against them was a frame-up and that the evidence was manufactured. Leopord for one has reiterated before us that he did not know Shadraka, P.W.2 and P.w.4, and tha~ exhibit PI w~s not found on his person. '~ ··,. ~"ti . ~~··. W~ have no reason to doubt that the animals were stolen durj.:ng f , ••- t_'. • • 1-~~~-- n\ght. _ i' •f• 2 and P. w.4 were certainly the crucial witnesses .ln .this oas_e. They said that they were in one of the searching .. -.:_· .' ' ' \J~i·ei:·-~L~hat, they surprised the appell~t.s grazing the stolen ;:···:a~·ma.').sLf.z.om the home of their owner. They said that they knew r1~;~_,'. _~ip._ t,."- ! . ' ellants before and that they succeeded in appreh.endi~ one :f· --· . ~~-~• · Shadrak_a. In our view the trial court was entitled tc ,. ··- ~ .... s --:::· .'V~f°P,;.W.2 and P.W.4. Like that court we are satisfied. tltat ~~r/$/:. .-~d P.W.4 could identify the appellants in those circUJll.St.atloec. , ·\; '' 4-nd;_ th~t the two witnesses actually did so• The conviction will •. t··:-.•'··· . ~:-;:*i-~~l • ~ilt~·:•• <:~ttf .' :· ~h.~ sentence has not been directly attacked. We agree !:/' -~t.ti 1;h-e court below. that the offen•e called for a substantial :! .i~l~~j"-~_<!_ we ~!e s~tisfied tha~--~- term of ten years ._ ··: itJdeeerving. · • ,4- .. , ·..:Accor.dingly, the appeal is dismissed in its entirety• : ,-~. ;, -<:(>~:_- .. D4:~IID.r;~t MWANZA this 12th day of August, 1987. ,· . '\c.·:·:r/~·: './,::.·:~---- ·._ •,l::_a.;_ •• , J " ' . . . - 1 ~ i • A. MUSTl~FA ::~\f•i~;y, ' ;, JUSTICE OF \fPl14 . :~~~-<{>:}\:~.:- ,,.· A. M. A. OMAll ''.·J· JUSTICE OF lll'EEAL D. F. MAPI()ANO Ag. JUSTICE Ol: AFP:~•· this is a .. :t:r~e. copy of tbe ol'iji.nal • ,.1./('j/P I