19880606 TZCA Dar es Salaam 1

IN THE COURT OF APPEAL OF TANZANIA AT J}Atl. ES SALJJ'J\1 (CORAM_z MUST.1\.FA 2 J.A.t J.Vl.J\.I\AJl1E 2 J .• A. 2 OMAR 2 J.A~) CRIMINAL APEllrAlL NO. 17 OF 1988 . FRANCIS SEKIYONTIO. • • • • • • APPEf,LANT VERSUS THE REPUBLIC • • • 0 0 • • 0 • • • • • • RESPONDT£HT (Appea~ from thG co.nviction of the High Court of Tanzania at Morogoro) (Bahati, J.) dated the 12th day of June 1 1987 in Criminal Sessions CasG No. 24 of 1983 JUDGMENT OF THE COURT Tt is common ground that the appellant s~ot the dGceased twice with a shot gun and killed him. The deceased died instantly on being shot 9 deg.th being due to extensive mtu.t'ruil haemorrhage •. The liver, stomach and intestines were full of pellets. The appellant believed that the deceased had stolen sbs. 3/= of his when the appellant had gone out of the room. On his return to the room he did not find his shs. 3/= which he had left on· 8 table. He ,suspected the deceased. He took out hi,s gun and followed. the deceased ; 'into the 'latrine where the dececised was answering a call of nature:. / The appellant shot the deceased. and killed. him. There was no provoc2t ion. There was no evidence at all that the appellant wes insane at the time he committed the ac.t. Jute:.~ he had shot the deceased he gave himself up to the CCM Ch8 irmon and said. thc1.t he. had shot the deceased. It wos a cold blooded killing. Mr. Lubalira a.ppeared for the appellant and submitted that the e::--pellant was mentally confusGd. _But that.made no difference~ the appellant was fully responsible for his act .• ••,:••o•/2. 2 The convict ion is upheld. and the c:ippea 1 is dismissed. DATED at DAR ES SALAAJ\1 this 6th day of June, 1988. A. MUSTAFA JUSTICE OF APPEAL L • r1. MIi.KAME JUSTICE OF APPEliL A. M.A. OMAR JUSTICE OF APPEAL / I certify that this is a true copy of the original • . ~ ·1·!'//·1 .(J. H. MSOF FE) SENIOR DEPUTY REGIS'I'RAR I