20020218 TZHC Dr es Salaam

' .... " . ,.. f IN THE HIGH COURT OF TANZANIA AT DAR ES SALAAM CRIMINAL SESSION CASE NO. 28 OF 2001 REPUBLIC' VERSUS, SALUM MEUNDA Date : 18/2/2002 Coram: Lua.nda,I. . . ' !w,,iMa~ig_c!.,-qg,*~,State Attorney For _WRepublic ttr: Tad2.i,'(O For the Dofe.nce Present - Accused CC: Aza Ii1formatio11 is road over and wx_plaimed to the· accused person in his own 1S1t1ahili language and he is required to plead the.re to.: True Entered as a plea o:f guilty to the charge .. · / B.M.Luancla Judge· 18/2/~02 MR l"'.IAPINDUZI •. -= <,n 17/3/2000 around 2 PM the a~i.i.s'G1d killed one Abdallah at .Mkamba Kizapara Mkuranga District Court llegion~ On 16/3/2002. the accused ::~::_- .. • the tractor property of Seifu Ngulangwa make rAll.di;. ·. TZB 2204., The driver of the tractor is one Aurelian Hilarius Mtundu who 1·:as ,"; givan instructio.n to collect the luggage. Ui-i.fortunately he was not_ told the place to collect· the lugg~e. He decided to get another job. He got one SaJ.ehe Hassan Sesama who~~tor. · / The accused met the driver who carried, timber of Sa.lahe •.. The accusE1. · become furious and_ quarre/e~1pted..- · The accused be~d the tractor _and ··We:nt to Salehe. The accu.sed told ·'.' • ·. not to ·un1oad the timber untill h~ get an explamation. Saleh8 and some people started unloading the timber. · This oause commoti.o.n and fight ' .!°"'.'::-:--1.~ '-. The accused beat the deceased with a stick, and push/the deceased from the tractor.., The deceased fell down. The deceased .sustained haad injury~ He was sent hospital. On 23/3/2000 he passed away. The accused was arrested on 2 17/3/20000 The sketch p-"}:an:· was drawn on 19/3/2JJ00 • The body was examined on 24/3/200ae Cause of death was due to Severe Bain injury• This is the reportc; I wish to tender as e:x:hbits. lk. ~:.ax?.E.. I have .no objection • .£1:.: Accepted and marked ---~ Exhbit and P1 J;!t:_ J-1<;-,EAL2.r!~: Tho.t is all P2 Accused: Facts are correct • • - ♦ to;:e-ee- ...... · .. Ct: The accused is hereby co.nvicted on his o\m plea of guitJ.y • ..- &. 1"lffJliuc!1.!..~: I don 1 t object &_TaS-5Y9.: Hy Lord I pray for leniency -The accused is a timber business mane; -The accused was not the owner of the timber -The deceased and others- were many• The accused did .not use any '· weapone -It was an ordinary fightn -Stayed in remand for 2 ye~s -Ee is married with four chirdren who depend on him -He has a mother who depend on him. His father is dead•. "Accused: ~••"e·.....-·••e::• I have nothing to add SENTENCE The accused is a first offendero The deat:, ,· ~ caused due to fight"' I have taken the facts and mitigating factors of this case into .consideration I sentence the accuseds to conditional discharge that he should be aperson of good charater for 3 years from to day. In default to serve that sentence. B.N.Luanda Judge 18/2/2002 true co_py of the; original I ' . / SoA DISTRICT REGISTRAR