19960814 TZHC Dodoma

IN THE RESIDENT MAGISTRATE COURT OF DOOOMA AT DODOMA APPEIJ.ATE JURISDICTION EXTENDED JURISDICTION CRIMINAL APPEAL NO. 19 OF 1996 ·(HIGii COURT CRIMINAL APPEAL NO. 26 of 1996 ORIGINAL CRIMINAL CASE NO o 224 OF 1994 THE DISTRICT COURT OF 1:11\:ltJYrlJ, ,.'l' H1Y,,~ '•JA DEFORE - JoM• KAINDA - DISTRICT MAGISTRATE) H."illODI MATHIJ\S O O O O O O O o APPELLANT versus THE REPUBLIC e o o o o o o o o RESFONDENT JUDGMENT The appellant Harodi s/o Mathias and Henr;y s/o Manyelezi were convicted by the Mpwapwa Disttd:ct Court of the offnc~ of Cattle Theft contrary to sections 268 and 265 of the Penal Code and sentenced to the statutory minimwn sentence of five years irnprisonr:iento He is now appealing against that finding and sente&ce. On 6/12/94 PW1 George Katyega let his cattle out to the grazing fields. They were herded by a seven year old girl Getruda Katyega, At around 4.oo p.m. I?\-J2 Jackson s/o Chihimba was in his shamba. -He P.'lf-,Mur herds of cattle being driven by the appellant snd ...Henery s/o Manyelezio He knew the cattle to belong to PW1 George K"'.tyega 0 He ··took" cover o.nd r:cn to infcr'::1 some ~,~n who were t:iking be.th ~t a ·nearby ditf:ho .• These included :."!3 Ho.rold D::i.udi o.nd i:'W4 li:'}on j. •· . • Chilo.r\ga!ZL, The nen puraued the uppellnnt and hie oo1leo.gu.a and. managed to apprehend them. They were taken to Gulwe village office together with the beasts. Meanwhile PW1 received information from Getrud.a Katyega that four herds of cattle were missingo He decided to trace the missing beastso Luck was with him as o .{ on the way he met a group of people driving the cattle nnd the appellD.nt and his colleague were under o.rresto The appellcmt and his colleague were sent to the police station, and latter to the court., They tolerated the torturous criminal procee- dings till they were found to have a case to answer, when they sensed danger and jumped bailo The appellant's collegue is still at large, but the appellant was arrested after the conviction and sentence had been passed by the trial courto The appellant is pleading his innoncence in this appealo An attempt to plead an alibi was introduced at this stage, maintaining that he spent the whole day nt Gulwe Village on the material dateo He claimed that the complainant had eloped and taken his wife, and this case was a frnne up so that the complainant can live with the appellant's wife while he will be rotting in the jail. Definetely this appeal is devoid of any merit~ The appellant was caught red handed, and deprived hiwself his right of being heard by ju~ping bail. He could not be heard to complain at this eleventh hour. The only justice I can do to the appellant is to dismiss his appeal in its entirety. It is so ordered. , 'i (So Bo LlJKELb"'LWA) i.'RINCL'AL RESIDENT MI\GISTf./ATE F~{TENDED JUHISDICTION 14/oL/1996 \,