19951030 TZCA Mwanza

APPELLATE JURISIDICTION HIGH COURT CRIMTI'J.U. APE:il.L NO., 190 OF 1993. (Original ?griminal Case Noo 76 of 1?93 af The District Court of Geita District at Geita Before L.,N.E~ t':GOV0NGO Esq•, District Magistrate) (Original Accused) THE UNITED REPUBLIC : : : : : : ~:: : : ~ ~ ~ : ; : ~::: : : g:: :·::::::::: RESPOODENT (Original Prosecutor) J uro: ·u~:rr t::~--~-~---"'-~ __ MASANCHE ... J. This appeal, to be true, ougi1t to have been dismissed summarily. It has no merit at all. The appellant Kulwa Bugur,1ba war-, charged along with. two others (relatives) fo~ theft of two catt:i!;.e from the kraal of !9,~:J,.a Katun~~ PW2 alias Boniface s/o Tomela on the night of 28/4/930 Om 30/4/93 the appellant was arrested slaughtering one cattle while the second one was tied to a tree awaiting its.turn. He was so arrested by Charles Kibela PW1 with -=-- members of Sungu sunguc, The!'e was no doubt the cattle had belonged· to PW2, Tomel.a,_~• The meat from the slaugl1ter0d cattJ.0 with its viscera, as the c;s ~ o u would put it, were i--:.mdere in Court ~ exhibit. The skin of the same cattle and the other EattJ.e that·had been awaiting its fate were also tendered in court as exhibit., True, the appellant was c::i.ught red handed, we could say. After conviction, the appellant was sentenced to five years imprisonment, with an added order of comperu.:ation of shs 20,000/=. That sort of . punishment was not on the higb side. I agree with Mr Mwambcgelc, learned state attorney, that the appeal has ..r,,.,~···. ·- --~ - no merit at all. It is dismissed in it:-, entiretyo AT MWANZA 30th October 1995 JUDGE Appellant: Absent State Attorney for Republic