republic vs simba omari nyengo matindwa 1995 tzhc 722 3 may 1995

Iff THE HIGH COHRT OS' E/HSSAluil. canmi/Jj sussiqet ca.su no, 63 of 1993 TOTi! HEPUBLIC* . . . » o O. . o OOOOOOOo o O. . . o ■73RSI3S snnst (MflRI IJYESTGO MATBEWJU....... prqcmidbtg JOgBBBI. J* iDatet 3/5/95 Coram* Buboshi, J For the Republic - Mr* Mwengela c/a ■For the defenco - Mr* Mgatunga, T.L.C. icused* It is true* CCt Svabir* B^gUSt in February, 1992 accused was employed as a woodculter by someone living in Dar os Salaam* He acted as a foreman in Misegeso Kisarawe as w o n as in Baganoyo. Ho married one Imajabu d/o Othman and had other wivxss too roso residing in Xongowo ICibaha. In January, 1993, the, accusod went to Dagaooyo, 'The accusod wife Mwajabu started having an adulterous affair with doceasod •ftjunTHa1 t On 2/2/93 around midnight tho aocused cano "back hone and stajted looking for his wifo at various places within the village* Mwajuma could not "bo traced at Hguvunali’a place - ITguvumali being her granflfathor# Somewhat suspiciously the accused went again to ono of tho huts belonging to Fgirvunali and forced his way inside* It was total dark but his hands managed to touch v*o n^v-nrl bodies togothor. L male voicc (deceased) asked 1 who is it’? Tho s*" ‘ accused identified himself• Bis r:lf© SfcmjsTju then rushed out naked and bohing hor tho two non then g r a c e d together* In tho ensuing fight the accusod * •stabbed tho deceased* The dcroanod also managed so get outside where he fell down* He diod shortly thorot : 'r: fLVo body of-tho doooascd was taken to Kisarawe Hospital and a post 'c conducted* Tho cause of death was due to . ' stats wound on various parts ci’ t;*.o uouy# I tender tao postmortem report before the court* (Dofonco no objectionTho accused went to roport tho incident to tho relevant authorities and subsequently a charge of murdor was filed against ^in* That's all* ill that 1ms boon statod fcofoi-o this oourt is oorxoot. ^t“ l d hZ n° Pr°VlOUS Off0n00 r00°r<i* 1,0 lo" ° « *> «*■ oourt to , o m in o t c o s o n to n o o as i t w o u ld d o o n f i t . -•3ZBE!BrCE» ~ MITIGATION * r r 00m ^ ° t l o n a n d b“ > ~ = « n a oi-noo 2 / 3 / 9 3 a n d t - i s is sufficient punishment. He is JOyrs old anfl , 1 10 ^ ohildron* ^ aSk 0 ^ 7 1 ^ “ “ * Of the oaso rjTu0 , ‘ account circumstances , as “ oi adult0Iy ^ « « > - w - .« • * » « . ^ p r o v o c a t io n and o f t a o o e o a n i t t o d i n tK c b o a t o f ^ i o n . inero tras no time to cool n-p-p ^ , passion. ■^o-puay e ho flota a i he gets • lenient * sentence d doGS That's all.not dG3orv° .a stiff penalty* ^SSMTEMrn^e After considering the circumstances of this , h a s boon stated tor the do-Fo. • • . - partlc^ r case and all that accused to three (3) y0ar~ i T ^ this court sontonoos the w / yoaio laorisonnoirfc# Bight of appeal explained* /V ^ u G e CDHEBHI JUDGE 3/5/1995