19880627 TZHC Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAMI (CORA.Ig IIUSTAPA J.A 9 lIAI(LiIE 9 J.A. And 01VIAR 9 JA0) CRL:nIAL APPEAL NC0 146 OF 1987 TIIABITI RA;IIDI STAItBt)LI APPELLANT Versus THE (Appeal from the conviction of the high Court of Tanzania at SOngoa)(Kzimo -to, j.) dated the 14th day of November, 1987 in CriminaL Sessions Case No0 9 of 1966 YUDGI:.\TT OF ThE COURT MAICAIIE 9 J0A0 The appellant TIIABITI RAJIIIDI STAIBtJLI was charged with and. convicted of murder by the high Court, Kazimoto J. sitting at Songea0 He was sentenced to Ufrcr death and in this appeal he is represented by Miss Mcharo, learned counsel0 The Republic opposed the appeal and. Mr0 Kyaruzi learned State Attorney, appeared on its behalf The deceased in this case was an old lady called SIJARIA ImAYA and she was related to the appellant 0 She was killed on 12th January 1984 The appellant's mother 9 who had been ill for a long time died in the evening0 The sane evening, at about 9 p0m., the deceased was found dead at the house where she had been living. She had a nasty injury on her head and death was later certified to have been caused by cerebral laceration and intracerebral haemorrhage. It was the Prosecution case, which the appellant denied, that the deceased was killed by the appellant who suspected her to be a witch who had bewitched the appellant's mother and was responsible for her death0 Hiss Noharo' s main complaint was that the learned trial judge erred in taking into account the confession the appellant athnittedly made to P O WD1 ALLY AIDI MDANGWA, the local village Chairman and to P.W02 ABDALLMI HACIBA. Hr0 irarnzi submitted that the confession made by the appellant was voluntary and tre 00 -2- We are of the view that the issue is straightforward.. The learned trial judge was certainly entitled, on the evidence, to find the appellant guilty as charged. P.11.1 and P.W 0 2 gave credible evidence that the appellant called them aside at his deceased mother's house the sae evening she died and announced to them that there were two deaths, his mother's and the deceased's, because he had killed the deceased who was a witch All the three assessors were satisfied that P.W,1 and PW.2 were truthful vitnesses. The trial court rejected the appellant's alibi that for the period he was away from his mother' s house• that evening he had gone to buy oil and that he was in the company of D.W.2 SAIDI NIWf[JKAO The trial court took into consideration the fact that D,W,2 1 5 story CUd not tally with that of the appellant himself. We are satisfied that the appeal has no merit and it is accordingly1c1ismisscd. DATfl atDARES SALAAHt1is 27th day of June, 1988 / A. iJSTJA JUSTICE OF APPEAL L M. IA.KAi.E JUSTICE OF APFEAL A. H. A. OAR JUSTICE OF APPEAL I certify that thi is a true copy of the original. Q. H. NiOFFE) SENIOR DEPUTY REGISTRA