19880530 TZHC Mbeya3

- - IN THE CJftT, OF IIPPrZ OF ThNZNIA ATIEYA : ICM J .. NGA JND OMt& CRIMINAL APPEAL NO, 135 OF 1987 ALMINDER wnc:z 9. BATSON wicaii ': I • APPELLANT3 .., v1sUs THEREPUBLIC,,,,,. 1 Ø 1 ........ 9 . ..... RESPONDEI'IP (Appeal from the conviction of the High Court of Tanzania at Njombe) (Mroso, Jo), dated the 11th day of June, 1987 in Criminal -Stssions Case No. 62 of 18 --a---- JUDMT OF THE WURT MA KAYLE J.A,: The two app''ellanta AL'(AER WIKEJI and B.TSDN wcaii are first acusins b aasth6jr £atha.a were ra4hGra, The seotid appellant was the son of the deecased whose elder brother 'aa the fatbe of the firat ae11at The appellants were condeed 'fc, death by the High Court, Mroso 1 J,, sitting at Njorn'6e fo1lowng their conviction for the murder of LANGBNI tifl!JI, the iathe' of the second appellant. Mr. Bateyunga learned advocate appeared for them before us whild Mr. I 144p learned State Attorney represented the respondent Republic and resistd the appeal. Although the eppcllaxta preva ted somewhat in cour they in fact admitted killing the deecased,. They suggested that there, was a fight between the seeond appellant and the deceased the first appellant intervened. They were aaying. that the deceased got injured, during, that fight and, on their behalf Mr. Bateyunga has urged that they ought to have been found guilty of the lesser offence of Manslaughter. Mr. Lundu supported the tril court's decision and pointed out that both appellants confessed to various people that they had killed the deceased and assigned a reason for doing Sog that the decease1 was a wizard who had bewitched their children. I 04, A- We have considered the evidence on record and also got the benefit of learned argument ii this CourL As J:•'Ir Lundu said, the appellents confessed to a number of people 9 including the Village Chairman according to F 0 W.1, and their xtrajudie : ial statements to the Justice cf thc Peace, P.W4, would. rejoove ny doubt one mighi hae 0 Thry said that they jointly decided to get rid of the deceased because they believed that he had idld their children and their aunts through witchcraft Hr. Bat33rUnga tried to point out to us what he felt were inconsistencies and contradictions but we are not persuaded to agree that these are material. The appl1ants convictions were just and sound and the appeal i hereby dismissed. - D.TED at PEYA this 30th dry o' M-oy, 1988. L. Ii I!Ji&KJ7 JUSTICL_o: : R. H. KISJTC•A JUST 1i OP ..JPEAL M 2. U A. fl.tiJ-. JUSTICE OP APPEAL I certify that this IF c niecopy of the oriinal, N (J, Fl. SENIOII DEPUTIY REL: I