19871005 TZHC Dar es Salaam

t' .. '- !Qi). 414.)£4 .ii$ \: . ~- .····' .. a ..·. ::,: . --::-·.,' ,. •' =·'.'i'< . . . • .,.,. -.. . . .. . c.··> qgw @4@PJ C;;t,4%4; P-PYMW-Z. ¾-'$·* ·1.,t.~-5Mf\;.p;g_z ., .. . -~·-,· '•..,. ..,.· .r ... .,...... 1'¥'.C,%l4¥4£¥!,&4CIA; . ~ ~ ,;,, ~-, . -•• "i :: J,\.~~\ . .. . . IN THE m:arr COURT OF TANZANIA AT DAR ES SALAAM ORIGINAL Jt)]1ISDICTION (Dar es Salaam Registr.r) CRIMINAL SESSIONS CASE N0.64 OF 1986 The Republic versus . . .. . PATRICIC FRANCIS a i MSUf.0: ..... J JUOOMENT l ~'.J!L- I ·- al f Aoo~sed Pa.trick F'.ranois sto.nds oha.rged with the offence of murder contra.r,y to section 196 of the Penal Code. It is alleged that on the 3oth October; 1985 acoused murdered one Salima Masete. There is no dispute that decea.aed Salima Masele is dead.· Iler doai body was identified by Juma. ~ o (PW2) to Dr. Ha.ssanali (PW5) who examined it.· Aocording to the dooto~s report coupled with his testimony - before this oourt, deceased death was not through ha.tt:nl oause. She had. three out wounds one ot which was inflicted on the aesophagus and one of the blood veins. The doctor is of the opinion that.consequent to these • #ounds, pa.rtiouJ.a.rly the large one, deceased suffered shock and bled e:ro~- ssively hence. causing her death •. Thus I am posi tiv~ly convinced that her death 1i'as not through natural cause. And l am equai:J..Y convinced that t!'.'_e three QUt wounds whieh caused her death were unla1-r.ftllly inflicted,, In most homiaide oases, the question whether i~ is the a.ocused who caused the death of alleged deceased is usually oantentio'!-ts. Fortunn:'.:::.~ J that ia not so in this case. There is the evidence of eye-witness who r...:-.':-r the acousea stabbing the deceased to death. Quite understandably, ·~here had. been no attempt by the dsfenoe side ta impugn this evidence. As tho eVidence stands, I am unable to enterta:!.~1 N\Y, shadow of doubt that it is the ru:>oused who killed the deoeasod by stabbini him with a. knife. Aooused inf'lioted all the three out wounds around the neck regic:1 - which is one of the vulnerable' portions of human bo~• From the size c-!: theaa wounds, it is quite eVident that oonsidera.ble foroe wa!'l applied. i;1 intlicting them. ·From these·fa.cts, it can be reasonably inferred that acc·.,sed killed the deoeased with malice aforethought• In hie defence accused pleaded intoxioation and insanit:'." Let n::: i"iret deal with his def'ence of insanity. It iB quite e'T_,.;_~,.,nt that accui:;"d has a history of mental ill.Jaess. B~sid.es the accused him::, ...... " J.,.,,., ... ·"~~J- ~-T":'~ oonfUTned by two prosecution witnesses who a.re Ashure. Kas1:tm (PWJ' Mihc\YO (PW2 ). Acoused first beoame mentall.T siok in 1981 and he w, ~· tr·~- 1,"',..,., 0 by a tradi t·iona.l healer in Zanzibar. And up to the timo of tho in~·~,... ": wa.s still under treatment. In deciding whether at the material time • ... !":.f . ,._,·;,,. . . .. - 2 - had about of the alleged mental illness,· I take noJo of his conducts immediately beforo or after the fatal incident. According to the testimony of Asb.ura Kassim, when accused saw t~e deceased he began to chase her wt th no apparent reason. It is true that accused and deceased used to quarrel quite fr~quently1 on that particular . dey'- he had already bade farewell to the deceased say:i,ng that he was going to _Zanzibar. Actually up to the time of tho incident, deceased and Ashura were of the understanding that accused had. already left for Zanzibar. Hence I am unable to explain i.t rationally why accused decided to chase the deceased when he saw he~• And after he had fatally stabbed her, accused withd.t-ew the knife from the deceased body and threw it in the nea:rby ditc~, He did not attempt to run aw93, he remained with the deceased body. As it that was not odd en~h, accused lit~ cigarette and. began to smoke a.a if nothing serious had happened. Ile remained there for almost over half an hour lihen police came a.nd arrested him. These conducts a.re inconsistent with those of a person with sound mind. With his uneontrad.icted baclc-ground of mental illnoss, these oonduots clearly demonstrate that when accused sta.bbed the deceased, he was a.ffliotod with disease of mind• lla.Ving made this finding on the accused plea of insanity, I find unnecessa:ry to SfJ3' nruoh on his alternative ploa. of intoxica-l;ion. ll~wever, my genoral impression is that a.t the ma.torial time accused mig~t have been temporarily insa,e as a result of the drinks.which he tool<:. ' . The-taey and Gentleman assessors.who sat with me unanimously returned a.._vtn!ict of' guilty of murder. Fo~ reasons narrated above, I find nwself unfortunate -'i;hat t have but to differ with the~. I clJ'.!l. of a. con~need belief that a.t the material time accused was su.f:f.'ering from mental illness. llence I find the accused guilty of murder but insane• Ord.er: Under section 219( 3) of Criminal Procedure Act, accused is to be kept in custod3 as a Crinrl.nal Lunatic and certified copy of the proceedings of this ease to be submitted to tha Minister for Justice and Attorney General• llJ.JitSUMI At Dar es Sala.am JUOOE. 5/10/87 2./10/87 Assessors abs~t Mr. Ka4•i for the Republic Mis& Ml1U&U].a for the accused.