19871026 TZHC Dar es Salaam

-- a "4 IN THE COURT OF AI::.;L OF TANZANIA AT DAR ES SALAM CRIMINAL APPEAL NO. 49 OF 1987 CHANZI s/o JACOB I . . . APPELLANT VERSUS THE REPUBLIC. , , . . . . . . RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Dar es &i1am) (Bahati, j.) dated the 6th day of November, 1985 in Criminal Sessions Case No. 21 of 1980 JUDG1TT OF THE COURT OMkR ! The appellant Chanzi 6/0 Jacob was chared and convicted of murder contrary to section 196 of the Penal Code. He is now appealing. The prosecution case is that the appellant was living in concubinage, with the deceased Faturna, d./o Omari for a. period of eight months Both appellant and deceased were employees of National Housing Corporation at Kisarawe. The appellant was working at a, place called Majabisi e, short distance from Kisarawe while deceased was working in the forest, as a wood cutter, some few miles from Kisarawe. Deceased would be taken to the work site in the morning with her colleagues in the Corporation vehicle. On the 8/8/79 in the morning deceased, refused. to accompany her fellow workers in the vehicle and gave an excuse that appellant would. take her to the forest to assist her in her work. The same morning the appellant and the decc-ased were seen walking together in the forest by P.\J.1 the driver of the vehicle and. P.W,11 the turnboy who were in the Corporation vehicle which was returning to tom after leaving workers in the forest. Later in the day the deceased. socly was found. at about half a mile from the place where the couple were 'ound in the morning walking. The deceased was lying down dead with a cut wound across the neck which was described, by the post-nortem report as fo'llows left part of the oesophagus was cut; left carotid artery and internal jugular vein trachea was cut about '' th,ough. Cause of death was given as due to haemorr1ia:a and suffocation due to deep cut wound. caused by a sharp instrument on the neck. - . 11 1,. Appellant was apprehended the s o me day and was 'found carrying a knife in a sheath. Knife and sheath both had. little blood, which a.ppered to have been wiped. off. This blood was compared with that of the deceased and was found by the Government Chemist to be both of group .AB. There is the hitory of the couple that their life together was not a happy one. The deceased wss thoroughly dissatisfied with the appellant accusing him to her colle'agues and relatives of neglecting her and not provid.inc food to the home and would even take her wages and spend. it. He had. further the bad habit of urinating in bed. at night and smoking bhang. Deceased., wanted to go back to her real husband when he returned from the war but appellant 'refused to part from her. These were compla juts heard from her up to one day prior to her death. The appellant in his defence- agreed that he accompanied the deceased. that Saturday morning of /o/79 up to Minâki and then returned alone after tsllin. her to retun home as soon as possible. He made unsworn statement so he was not cross—examined on the var.iou8 allegations made by prosecution witnesses. Appellant was taken to hospital for psychiatric examination and nothing abnormal was detected apart from his egoistical tendencies and habits which showed that he was prepared to d.c anything to satisfy his feelings of self—importance and. self-ad.orat ion. These were the circumstences that prompted the trial judge to find the appellant the perpetrator of ti:iis crime. We have no reasons to 'd.iffe:.: from his findings. We accordingly find that the appellant has been properly convicted, and we dismiss the peal. DATID at DIiA ES S.JAAi4 this 26th day of October, 1 987. A . I1. A. OIiiR TOSTI CD OF A?PDL L. M. MFALILA USTICE OF APPEAL D. P • NLPIC-ANO