19880820 TZCA Dar es Salaam

J IN TID COURT OF APPSI-...1 OF T;.1.N"Zli.NIA AT AllUSHb. CO.Ri-iJh I.WSTAFA 2 Ag. C.• J e 2 l\IAKA.i','fE 9 J .1~. 2 k.nd IC[SANGA2 J .J:i.. GlUMIN!.L APPZhL NO. 36 OF 1988 l li.NTHONY CI.JlLJNCE • • • • • • • • Versus TRD RJ?UBLIC • • • • • • • • • • R~SP NDSNT (Appeal from the conviction. of tb.e igh Court of Tanzania at Arusha)(Munuo, J.) dated the 1st day of September, r,n in Criminal Sessions Case No. 64 ot 1985 JUDGMENT OF TIIE COURT The appellant was convicted of murder and sentenced to death. The brief facts adduced in evidence established that the decea.sedj the foster mother of the appellant was killed and dumped in a latrine pit. The pit was v£ed by both the appellant and the deceased. 3ventully the dead body was discovered but it was so decomposed that the docto~ who examinC3d it was unable to discover the cause of death. The appellant at first denied having the key of the decoascd's house in his possession. On a search the said,key was discovered in the appellant's house. The appellant made a cautioned statement to t.Jie police ad.mi tting the killing and stated that it was caused by a land dispute be:tween him and the deceased. · In evidence at his trial the appellant at one stage alleged that I what he stated in his cautioned statement was untrue. However the trial judg~ and the assessors~ on a review of the evidence were satisfied of the guilt of the appellant. .. 2 :Mr. Musei for the appellant has stated he is unable to fault the 'conviction. We are satisfied that the conviction is sound and we dismiss the appeal. ' DATED at ARUSHA this 20th day of Septembor 9 1988. A. MUSTAFA Ag. CHI.r-:;:Fl JUSTICE L. M. MAKJJ.\iE JUBTI CE OF l~PEAL I j R. H. iaS/i.NGA JUSTICE OF APPEAL I certify that this is a true copy of 'the original. l . .j