20020207 TZHC Dr es Salaam

IN THE HIGH COlfR'I' OF TANZANIA AT DAR ES SALAAM ...... CRIMINAL SESS N0 0 26 OF 2001 REPUBLIC VERSUS SHABAN I JUMA OYIARY JUDGMENT ..... ~ - - - ~ - -=--- Date: 7/2/2002 Coram: Luanda.,J~ Mr. Mwanda S/A For the Republic Mr Chipata - For the defence Present - Accused - CC: Aza. Information is read over and explaip.:;d to ·thG e,ccused person in his own swahili langue.ge and required to pl"'a "" ·t·hereto·.· Tr ue ei1ucrcGl-' 1. · • o.s ·p1 ea of S-Uitly. B.M. LUANDA, ,JUDGE 7/2/2002 · · ,_ !1!;.o..,~d.~SLi:,. · The accused and deceased were wife e.nd husband residing at Mbwewe Village Bagamoyo. On 16/10/98 around 4o00 PM the deceased one Halima cl/ o Said· and the accused were in a house they rented. The accused suspected l:he deceased re~ult'-'d .to have-lo\i..o·· ~ffair with people. The quarrella .L1gnL The accused use fist, . legs and stick to 00 o.t the deceased. The owner of the house ...../'::1.fe and hi"=- separted them. The deceased went to report to police wherr~ she was given PF3.; she wen-tiliispital for trcatm0nt. While the matter WM under police investigation; the accused and the deceased c<b>.abited togethero Later they went to the deceased's . the conflict parents to resolve 1,.-_ .. · .- · · ·. The deceased was pregnant:··r.ourmonths~ She had some problem due to beatings. She pased away on 12/11/98. ,. ~- T~:~ody-:::~~cd a. bleeding ea.used by spleen rapture. by doctor. The accused. ·-r-..s arrested on ·15/11/98. The accused adfuitted in both caution and extra judicial statement to have beaten his wife. The deceased mentioned.the accused as the one who beat her by :fis'I; lelegs and stick. The $J5G't<th . plan was drawn. · on 13/11/98.· we· w:i5h to t-Onder them as exhib.it l?ostmot~ - .Report, Mr Chipeta No objection. Court: -~·• 0.J)ts.,4 and marked exhibit PI Mr Mwandu: .Also we -wish to ·produce~ declaration., . Mr Chipeta: No objection my Lorch Court: Ac~eptcd. and marked Exhibit P2 • Mr Mv1anda: The third is PF 3 My-- Ltord'9. ~-£.hipe~ No objection :My Lord~ Acepted and marked Exhibit P3. Mr. Mwanda: The otheii,~ra .judicial. ..statement. Mr. Cl}j. pet a:· I have no objection. Court: Acepted and marked Exh P4~ . ~Mwanda.. The .filll one is G.'Ution statement .. Mr Chipeta: No objection my Lord 0 Court: ;...ocepted and marked Exhibit P5 0 ·· • Ms. Mwanda: .. That is all my Lord. ··- . ·-·•-·. -~ ....... ~ ... , .... •• .. , .Accused: Facts are correct. Court: The accused is hereby convicted on his own plea of guilty. BoMo LUANDA JUDGE 7/2/2002 . i. ~ . t I. I : . ' ... - . ).. .. I ,, 3 . . ~~------ . . , • Mwanda: My Lord we donit have previcus :record. _!i:!:,o Chipeta: My Lord the accused and deceased lived for 8 years. The accused met the deceased with a. man inside while light was put .•, off. The two were fighting. It was small stick ;not something amout.ing . to a w~apon 0 The accused. has ,been in ;emand since 1998 to date~ '.l:he accused is a second child o The faJDily depend him. The. aocuseda·;~ .· .. sicko these . . For L, reasons we pray for ~~y_,. The accused readill,Y:pleaded ~l.ty ·;: t·o ' ~-ie charge. -~ Accusetl: .§m,_~ The accused is a first offendero He re~dilY:. pleaded gui,J. ty to the effence, The offence was committed ih the case.of a fitgt' d-µe to the deceased bel'.t~:tom-.,._ I Tal:cing ·all. int()J.cousia0rctjoi/se1:.tcnce the accused to con::,iticnnl · hoUld k, . discharge in that hii(le of good characte for 3 years. In def.s,.ult ·. to serve the sentence of 3 yearso ... _, .