19900627 TZHC Mbeya

lIT THE }IGH COURT OF TANZJ ANIA APPELLTE JURISDICT19. (116era iteistry) HIH OOJRT. (?C) CRIHINAIr APPEAL NO. 12/1987 ORTIINAL C.L:INAL CASE NO. 14/86 IN TH71 DISTRICT COURT OF T1E AT LUPATA (Before:'.J. SUBYI, DI3TRICT NAGISTRATE) iYILiY.MBLE :S/O MVANSULE.. . ... ... ;\PPLLANT Versus THEFUPUBiIC. ........ .. •,.•... ..... . . . . .iISPONDENT J ND G EM EN T Chua, Jue The appel1an was foun'. :ui.1ty,of causinr unlàw'ful wounflg c/s 228 (I) of the penal coe in.the P'imary. C3urt of Lupata andWa& sehtenced to a fine 'of 7,000/= or 6 months imprisonment n cefau1t, He Yjs 1so r 1 ere' to pay i000/= as compensatior 1 His ajpealto tie 'District Court Tukuyu havin been dismissed he now a-ppeals for a secon tie Thou.'h the aiellant aeeks to chalinre the côniction there can be XIQ Thubt that heas.proper1y convicted, 1 say so because after the char'e was reai over t'him, the facts we narratGd to. him by the cmlainant ah' he then assure the cOurt that the facts were true. The facts showed that the accuse1had• injured a the complainant by usinc a spear followin.trivial 'varbal exchange between them, State Attorney Learned ::ued that in now of the advanced ae of the appe1lan and the omissi n'jc t specify the nature of injuries sustained by thexcessive. On roin throu:h the rerd of the Primary court however, I note that there is a PF3 fiied in the record showin.. the coiplainant Amosi TwamboieQ on bein': examined was found to have sustained a cut wound -x xg on the face.&h was described as beini dangerous ilarrn. Since a spogr had beeied there can be no doubt that the complainant was lucky to have deth. So the sloppiness of the:trial msistrate in omittingc \ meition the PF3 in the proccedin".s did not contradLiet the fact that the complainant hd been injured by a spe-r which the accused adi4.tted , , 2., On my.part I ihjnk the appellant must count himself as bein extremely )..- ok for ail havint boon sentenwd to imprisonments, The fine in my viow $asib2.c and the order of bonsatofl Tho appoa is 11smisso.d entirely. 7K,( L.J,R.Chua TTTTC tJ JLT.i5 27/6/90 Judiont cl.oiivore'd- in the .prosenco of the appellant and th', rmiso Stao Attornoy e , At.Mboya LbJ.Ohua Dtc 27,6/I990 :....... •:. r