19880806 TZHC Mwanza2

- - ----'-------,---.-.----.- - --,--,- -.---- -------'---.--..-- -- ------- - RT THE COURT OF IPPEAL OF TNZLNIL LT MLNZii IJJANE, J0L0, KISJG J 0 Lrid. OMR Jj.j CMflcLI LPPEL NO 12 OF 19 87 PDLO 1(LHLTO a a 0 • 0 0 Versus REPUBLIC • 0 • RESPOND T 0 00 0 S 0 0 (ppcal frora the conviction of the Hi&11 Court of Tanzania at Tabora) (LOBS Mcliorao ?RM - Extended Jm'iscliction) dated 1st day of Lu'ust, 1986 in Criminal $ossiOns Case No, 87 of 1985 JUDGHELT OF THE COURT ic± J0 This is an appeal against conviction for murder and the sontonco of death passed on the appellant by MT O L. B. Mcthomo (Principal Resident Uagistrate Exorcing Extended Jurisdiction) sitting at Tabora. The appellant and the deceased are brothers. They have a deceased brother who loft behind a widow and chilron. The deceased in this case inhoritod such widow and orphans5 This angered the appellant who he4 himself wanted to inhcri -t them and who, on that account, threatened to kill the docbased.. The position was made worse when one of the orphans (a girl) cme of ago and got married at a paeent of Shs, 1,000/= by way of bride price but the appellant was not given a share thereof. On tho dr of the incident P.W. 3 saw the appellant chasing the deceased, On catching up with him he thcw him to the ground and then stabbed him with a knife in the chest. P.1-T,4 and P.L5 also cyowitnossed the tabbing. Following the stab wound, the deceased died in hospital on the following day. In his dofonco at the trial the appellant chose to keep quiet. •. . .. ./2. ''*0 .: 4XI --. -- -2- Nr0 Rutakolesibwa, the learned advocate appearing before US quito rightly stated that ho did not have ayti4ng useful to soy in favour of his client, That th appellant killed the deceased uv,s r-u-ply docnstratcd by P. T. 3, P.11. 4 and P. W. 5 who eyoritncsscd ¶iim stabbing the deceased, There was also the evidence of Sgt. Yohani (P.N,6) to who the appellant ac3nittod to have stabbed the decoasod. Equally cnplo was the evidence of nalico aforethought: He nursed a 'gxvdgo against the deceased for inheriting the widow and orpl-iciio of their late brother and for not being given a share of the bride pico paid in rcspect of one of the ophans ho threatened to kill the decoased iniodiatoly before the incident ho was chasing the deceased• and in inflicting the fatal injury ho used. a 1oadly weapon, a knife, on a vulnerable part of the body, the chest. ---' To are satisfied that the appeal, is hopelessly 4evoid of any mont, and it is accordingly dism sod in its ent ty. DT at i?LtTZ th ay of N 1988 . (L. JI, ILIUM) JUSTICE OF ,PPELL (L H. KtiG'— • JUSTICE OF -- - IVL. L. OIVUJ?.) JUSTICE OF LPPhL I certify that this is a true copy dftho original, I (s. Nt. KJI) ' DEPUTY_IEGISTRLR"