republic vs mrenda so nyahegere manko 2000 tzhc 29 29 november 2000

TfJ' THE HIGH COURT OF TANZANIA at m som ORIGINAL JURISDICTION (Mwanza Registry) CRIMINAL SESSIONS CASE NO. 53 OF 2000 THE REPUBLIC VERSUS MRENDA S/0 NYAHBGERE MANKO Date: 29th Novemb er f2 0 0 0 0 Coram: Hon. J„ A e Mroso, J u dge 0 Mr- Phillipo Mcamanga - State Attorney for the Republic 0 M r 0 Lugola & Co. Adv* - Counsel for the Accused., Accused (name) iyirenda s/o Nyahegere Manko, is present under custodty and represented by N r 0 Lugola Advocate 0 Interpreter ?Ir« Charles B 0 English into Kiswahili and vice ve r s a 0 Notice of trial on information for Manslaughter contrary to section 195 cf the Penal Code was duly served on the A-ccused, now before the Court on 29th November,2000• Information is read over and explained to the accused in his own language and he is required to plead thereto: Plea: "It is true I killed deceased unlawfully but without intending it 11„ Entered as a plea of "Guilty” to the charge 0 Sprdo Jo A. MROSO JUDGE "f a c t s On 21/2/98 in Gibaso, accused had information his young wife Paulina and the wife of a son of accused had gone to home of deceased® Deceased took Paulina to his bedroom while the other woman Ghati was left in the sitting room* Accused went to P o0 o Ras h i d ’ s house, knocked and then broke into the bedroom where P 0C 0Rashid was in bed with accused’ s wife. Accused stabbed deceased in the abdomen with a k n i f e 0 Paulina and Ghati fled from the house. PoC, Rashid cried out for help and many people respondede Policemen came and arrested accused* PoCoRashid was taken to hospital and two days later died from the wounds 0 Post Mortem Examination done on the dead body and according to the Post Mortem Examination Report - death due to septic shock* Accused was later charged with the present offencee Post Mortem Examination Report put in, no objection, marked Exh„ P 1 . Accused: "It is all true"o Finding: From the plea of the accused and on his accepting the facts as narrated by the State Attorney to be true and correct, I find the accused guilty of manslaughter c/s 195 of the Penal Code and I convict him accordingly on his own plea of guilty* Sgd„ Jo A, MROSO JUDGE Previous Record: Nil* 3 - Mr» Lup;ola; 1. Accused is aged sixty y e a r s 0 20 Has six wives and 4-3 children, 10 of the;:-children are in Secondary School and 12 in the Primary School© 3. Accused suffered from TB while in remand custody* Hospital Chit - put in, no objection and marked Ex, D 1 0 4-c Deceased had exhibited provocation in the extreme, by committing adultery with accused*s wife® So, deceased authored his own death* 5«, Accused has pleaded guilty0 Pray, show him leniency,, He was in custody for one year before he was granted bailo S E N T E N C E I have taken into full account the mitigating factors pleaded by the defence counsel,, I agree that deceased behaved irresponsibly and provocatively by engaging in adultery with accused1s younger wife and was caught inflagrante delictOo Even so, accused cannot be excused for using a lethal weapon on deceased* He could have used other lawful means of getting the deceased apprehended and set the law in motion against him* The ready use of lethal weapons in settling disputes must be discouraged by all lawful means. I sentence the accused to three years imprisonmentB Right of appeal against sentence is explained® JUDGE At Musoma, 29/ 1 1 / 2000*