20030217 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (CORAM: MROSO, J.A., NSEKELA, J.A., And MSOFFE, J.A.) CRIMINAL APPEAL NO. 10 OF 2004 SELEMANI JUMA MKWANDA .............................................. APPELLANT VERSUS THE REPUBLIC ............................................................... RESPONDENT (Appeal from the conviction of the High Court of Tanzania at Mtwara) (Mandia, J.) dated the 17th day of February, 2003 in Criminal Sessions Case No. 20 of 2001 JUDGMENT OF THE COURT MROSO, J.A.: The appellant was convicted by the High Court on a supposed plea of guilty to manslaughter, contrary to section 195 of the Penal Code, Cap 16 of the Laws. After he was so convicted he was sentenced to a five years term of imprisonment. The facts which were given in court in the presence of the appellant are as follows, and we quote verbatim:- 2 - . The accused and the deceased lived at Namikulo village in Rwangwa District. The accused is married (sic) to the deceased's sister. On 26/4/2000 the accused was with the deceased and another person Suleiman Abdallah. The three went to hunt animals destroying their crops. They had shotgun No. 79716 owned by the accused. The accused is (sic) the one carrying the gun that day. The three started hunting at 7 a.m. in the morning. The accused person shot one baboon. Other baboons ran into the forest. The accused followed the baboons which ran away, leaving the deceased and Suleiman Abdallah behind him. Soon later (sic) the deceased followed the accused person. The accused saw a shadow in front of him. He shot at the shadow. The shadow turned out to be the deceased. It transpired that the deceased went around the accused person in the forest pursuing the baboons. The deceased did not make .. 3 any noise all the while he pursued the baboons on foot. After firing the accused person found that he had shot his brother-in-law. I produce the shortgun (sic). Mlanzi: No objection. Court: Shotgun No. 79716 is admitted and marked Exhibit Pl. Sgd: W.S. Mandia, Judge 17/2/2003 The deceased was taken to Rwangwa Hospital. Two days later on 28/4/2000 he died. The medical report shows that the deceased died of internal bleeding. I produce the medical report. Mlanzi: No objection. Court: Medical report admitted as Exhibit P2.