20151002 TZHC Dodoma

1/'·t \,_ ,, ' t· ~-, ,' 1 IN·:THE HIGH COURT OF TANZANIA AT SINGIDA ORIGINAL JURISDICTION (DODOMA REGISTRY) CRIMINAL SESSIONS CASE NO. 87 OF 2010 THE REPUBLIC Versus SIMON ARON 30/9/2015 & 02/10/2015 JUDGMENT MAKURU, J. This case concerns the death of one Ruth Doud which took •place on the 18th day of November, 2009 at lsene Village within I .. I lramba District in Singida Region. The deceased, a female African Adult had sustained multiple injuries, described in the autopsy report as cut wounds on the neck, face, arms chest and right leg. Her death was due to severe Haemorrhage. The prosecution alleged that the multiple cut wounds were inflicted by a machete. The accused, Simon Aron is facing a murder charge from the alleged inflicted multiple cut wounds. 2 When the matter came for preliminary hearing on 22 nd July, 20 l l the accused pleaded not guilty to the charge and denied all the facts suggesting that he committed the alleged offence. The facts of the case as stated by the prosecution are briefly as follows. On the fateful date, the deceased left her home in the morning. She did not came back until the next day, l 6th November, 2009 when her body was discovered lying by the side of a path heavily bleeding from multiple cut wounds. The matter was reported to the Sub-Division Chairman who referred it to Matongo Police Station. The same day the police arrived with a doctor for investigation and Post Mortem Examination. The Post Mortem Examination Report revealed that death was due to "SEVERE HEMORRHAGE AND MULTIPLE INJURIES", as indicated earlier. On 21 st November, 2009 the accused paid a visit to one lsaya Martin and confessed to have killed the deceased and regretted to have done so to the extend that he wanted to commit suicide. He said that he killed the deceased because she had bewitched his late child. lsaya Martin took the accused to his parent's house where he also confessed to have killed the deceased. He attempted to flee 3 himself by running but he was arrested. The accused even specified the parts of the deceased's body where he inflicted the wounds. The accused was arrested and charged with this offence. As stated earlier, he has denied the charge. At the Preliminary hearing it was alleged that the following matters were found to be not in dispute: l. That the accused's name is correctly stated. 2. That, Ruth d/o Doud is dead and her death is as shown in the Report on Post Mortem Examination (Exhibit Pl). 3. That the accused was arrested and charged with the murder of Ruth d/o Doud. To prove its case, the Prosecution called a total number of three (3) witnesses. The first Prosecution witness who testified in court was lsaya Martine (PWl ). He was a resident of lsene Village since birth. This witness told this court that he knew the accused and the deceased prior to the incident as they resided in the same village. He also said that the accused in this case was his nephew. The accused's mother was his sister. The accused's wife was Maria Daniel and they had three children. He did not remember their names. 4 On 21/11/2009 he remembered that at around 08:00pm he was at home, at his 2nd wife's house. While at his 2nd wife's house while having supper his nephew, Simon Aron visited them and joined them for supper. After supper Simon Aron, the accused told him that he was responsible for the death of Ruth Doud. He told him that he killed her by using a Machete. He elaborated that he attacked Ruth with a Machete on her neck, right hand, right thigh and her left breast. According to PW 1, while narrating on what transpired the accused seemed restless. After narrating the story the accused stood up and wanted to run. The accused told him that he was going to hang himself. He arrested Simon and took him to his parent's house. He informed his parents what he has told him, that he wanted to commit suicide by hanging himself. According to PW 1, the accused started running. He was arrested by his young brother, Bahati Aron. The accused father's name is Aron Chunyu. According to PWl, the accused's mother went and reported the matter to militiamen. The accused mother's name is Rahel Martin. The Militiamen Commander was Lucas Samson. The accused's Mother was advised by .the Commander to take the accused to the Chairman of Sub Division, Kinyangude Sub Division. . 5 This witness testifying to the effect that the next day the Commander of Militiamen went where the accused was. The accused who was in the lock up was summoned by the Commander. He said that the accused admitted before the Commander to have killed Ruth. He further said that he was present and heard the accused admitting to have killed Ruth. He said that he killed Ruth because she killed his child. He told this court that on 16/11/2009 when Ruth was killed, an alarm was raised and he responded to the alarm. It was around 08:00 am. They found Ruth's body at the cattle path. The body was lying on the ground side way with a cut wound on her neck, right hand, right thigh and left breast. He also said that Ruth was the accused's mother-in-law. He said that he was in good terms with the accused, they had no m isu n d erst a ndi n gs. When cross examined by Mr. Thadey, learned counsel for the defence, PWl sdid that the accused was his neighbour. It was about two paces from the accused's house to his house. The deceased resided about 30 minutes walk. He clarified that the accused confessed while they were inside his house. The accused told him that he killed the deceased while he was alone. According to him, the accused again confessed at his parent's house to have killed Ruth. That is when the accused's mother went to report the incident to the Militiamen Commander. When examined by the 3rd Assessor, PWl said that the body was discovered on 16/11/2009 and the accused confessed on 21/11/2009. During defence, when the <- I 6 accused was examined by the court he said that his daughter passed away about a year ago. Lucas Samson (PW2) is another witness who testified for the Prosecution. He said that he resided at lsene Village, Matango Ward, Mkalama District Singida Region. He explained that he knew the accused prior to the incident. He was his neighbor and he was married with three children. He said that one of the accused's children passed away while he was about three years old. He also said that he knew Ruth Doud, they used to reside in the same village. Ruth is now deceased. This witness told the court that on 16/11/2009 in the morning he was at home and heard an alarm. One Charles went and told him that as a Commander of Militiamen he should stop training his bulls to plough as Ruth Daudi had been killed. As Commander of Militiaman, he said that he called people so that they could assemble where the deceased' s body was. He did so by raising an alarm. They also brew a whistle. They assembled at the cattle path where the deceased' s body was. The deceased's body had cut wounds on the right hand side, thigh, neck and on left breast. The Chairman of the Sub Division reported the matter to the police. He reported physically. He observed that the Police went to the scene almost at the same time when he arrived as they were informed before hand. 7 Later, he said that the Police called the doctor who went and conducted the Post Mortem Examination. The doctor's name was Mtungujo from ltaturu hospital. When the doctor went to the scene , he said that he was there. He witnessed the Post Mortem Examination. After the examination the body was handed over to relatives for burial. According to him, on the material date no one was suspected of killing the deceased. He remember that on 21 /1 l /2009 around l 0:00pm he was at home with one of his wives. He had two wives and on the material date he was with his young wife, Eliwaza Salim. He said that he heard someone knocking at his door. It was Rahel Martin, the accused's mother. She told him to go out but he refused as it was late. This witness testified that Rahel told him that his son, the accused in this case wanted to commit suicide by hanging himself. The reason behind was that the accused told him that he had killed Ruth Doud, the deceased in this case. She told him that at the material time the accused had already been taken to the Chairman of the Sub Division. He said that he told her that he will go the next morning. The Chairman of the Sub Division was Edson ltango. This witness said that in the morrow, he went to Edson !tango's house where the accused was under custody. He found people had 8 gathered including the Village Chairman, accused's wife, accused's father-in -law, accused's mother, PWl and accused's father. This witness further said that he called the accused and told him to get out as he was inside Edson Hongo's house. The accused came out without shoes. He inquired as to why he did not put on shoes. He told him "acha tu" its literal meaning is that "/eave me alone". He inquired further why his eyes were red. He noted that the accused looked confused. He further said that he inquired from the accused if it was true that he killed Ruth Doud. He testified that the -accused told him that he used a machete to kill the deceased. He also said that the accused told him that he attacked the deceased with a machete on her right arm, right thigh, neck and left breast. He said that he attacked the deceased because he was sent by his wife and his mother-in-law. The deceased was his mother-in-law's cousin. The accused clarified that he was sent to kill the deceased on suspicious that the deceased killed the accused's child. The Commander told this court that the accused's wife and her mother denied to have sent the accused to kill the deceased. PW2 further said that on their way to the police station the accused said that his partner in crime was one Alex James. He just mentioned him but did not tell them how he participated. He informed this court that the accused's father, Aron Chunyu is now 9 dead. He further told this court that he had no misunderstanding or grudge with the accused. He stated that he arrested the accused after confessing to have committed the offence. He further stated that prior to this incident he had never heard that there was a misunderstanding between the accused and deceased. When examined by the 3rd Assessor, this witness said that the said Alex James has disappeared from the Village. The third and last Prosecution witness was E.4573 CPL Shaban (PW3). He was the investigator in this case. He testified to the effect that he was a Police Officer and was currently based at Mwengeza Police Post, Mwengeza Ward, Mkalamba District, Singida Region. He had been a police officer for 25 years. Among his duties, he protected citizens and their property, prevented commission of crimes, investigated cases, took accused to court, educated the society on prevention of crimes and if an offence had been committed he investigated and arrested those who had committed the offence. He gave evidence that he knew the accused, he pointed at him in the dock. On 16/11/2009 around 06:00 a.m, he said that the Chairman of lsene Sub Division went to Matango Police Post, Kirito Ward, lramba District the present Mkalama District, Singida Region. He pointed out that he told him that in their village one Ruth Doud had been murdered. Who recorded the Chairman's Statement. • 10 He said that he and PC Simon went to the scene, together with the Chairman. At the scene they found the deceased's body near a path. It was about 20 steps to her house. He informed the OC-CID and he was directed to summon a doctor from Kilumbi Dispensary so that he can conduct the Post-Mortem Examination. They used a Motor Cycle to go and correct the doctor who conducted the Post Mortem Examination. He said that he witnessed the Post Mortem Examination. He told this court that the deceased's body had four cut wounds. He remembered the first was on her neck, the second on the right hand, the third on the right thigh and the fourth on the left breast. As investigator, he drew a sketch map and handed the body to relatives for burial. This witness was able to identify the sketch map as the one he drew because it contained his hand writing and signature. The Sketch Map was tendered and admitted in court, without objection, as Exhibit P2. After drawing the Sketch map, he said that he directed VEO to help in the investigation. On the material date there was no suspect. This witness told this court that on 22/11/2009 around 09:00 a.m. while he was at the Police Post a group of people went with the accused Simon Aron. The Chairman of the Sub Division, Edson Kitongo told 11 him that the accused confessed to have committed the offence. Edson told him that was why they had brought him to the police post. According to him, he interrogated those who brought the accused including PW 1 and PW2. They all said the accused confessed to have committed the offence. The accused's father Aron Chunyu, also told him that the accused confessed to have committed the offence, killing Ruth Doud. He said that the accused's father said that the accused told him that he killed Ruth because she killed his child by witchcraft. He informed the court that Aron Chunyu is now deceased. He further said that at the police station they questioned the accused person but he said nothing. He elaborated that the accused looked confused. After interrogating the accused person who decided to keep quiet, he said that the next day, on 23/11/2009 they took him to the QC-CID Kiomboi for further action. He clearly stated that he saw the accused person for the first time on 22/11/2009 when he was brought to the police station. That was the evidence for the Prosecution. On the other hand, the Defence denied the allegation that the accused confessed to have killed the deceased. The accused testified that on 16/11/2009 in the morning around 07:00 a.m he went to his farm. The farm was about 1½ hours walk from his house. He was alone and around 08:00 a. m while he was at his farm someone by 12 the name of lsaya lgunde went and told him that his young brother was looking for him as his mother-in-law has been attacked by a Machete. His mother-in-law's name was Ruth Doud, the deceased in this case. He narrated that he went to the scene of crime. It was on a path leading to the deceased's house. Intact, he said that the path passed through the deceased's house. He found People had gathered including the Militiamen Commander (PW2). He arrived at the scene around 10:00 a.m. When he arrived, he said that the Militiamen Commander said that someone who was strong hearted could go and see the dead body, if not, he should not go. He told this court that he did not go to see the body. Later, he told this court that two police officers arrived on a motor cycle, they also carried the doctor. Hence, the motor cycle carried three people in total. A post mortem examination was carried out and the body was given to relatives for burial. He testified that he participated in digging the grave. The deceased was buried on the same day, 16/11/2009. After burial ceremony, he said that more than ten people were arrested in connection with the death of Ruth. It was people who used to drink with Ruth. He alleged that some of the people who were arrested were Zakaria Katani, Hapiness Kitandu, Mwanaidi Lazaro, Abdai Ngereza and Lucas Samsoni. Lucas Samson was the one who testified as PW2 in court. 13 They were arrested by a Police Officer known as Simon. Those arrested were taken to Matango Police Post. According to the accused person, the next day on 17/11/2009 they were released. When they were released, he said that he met them on his way to· the deceased's house to console the deceased's relatives. On 18/11/2009 he left for Miganga Village. On his way he entered into the forest to release himself. While in the forest, he said that he heard a sound of a motor cycle coming from where he was coming from. He was about 13 steps from the road. He told this court that he identified the one riding the motor cycle as Gidion Hamisi, the Village Executive Officer (VEO). This witness said that he was riding a bicycle which he parked near the road. Later, he said that he took his bike and continued with his journey. Near Kinto Village, he told this court that he found two people standing on the road, they were talking. It was VEO with his motor cycle parked near the road and Israel Hassani who had a bicycle. He greeted them. When he wanted to leave, he said that VEO told him that he had a minor problem at his house. He further said that he told him that he was going to collect his money from Joseph Nganga, he sold a chicken to him. VEO told him that they should first go to his/accused's house and he would continue with his journey later. He left his bicycle near the road. He and Hassan rode the Motor cycle driven by VEO. They went to his house. 14 Before they arrived at his house, the accused said that they passed by Luca Samon's (PW2's) house. At PW2's house, he observed that there were police officers. According to the accused, the Police officers inquired if his name was Simon Aron. He told them it was him. They told him that they should go together to his house, there was a problem. They went to his house and they told him to open the door. He was with Gidian Hamisi (VEO), Lucas Samson (PW2), Israel Hassani, Police Officers and Rashid. This witness said that he opened the door and PW2 went straight into his room and opened the window. They started searching his room. According to the accused, his family was still mourning at Ruth Daud's house. He said that they took his shorts and a cloth used as matres. They inquired about his machete which he used. He said that he told them that it was in the sitting room. He showed them and they took it. This all happened on 18/11/2009. When they went out they told him that he was the one who killed Ruth. He said that they told him that he would give his statement at the police station. The police officers took him to Matongo Police Post using their motor cycle. This court observed that the accused was hesitant in answering questions and at times he did not answer questions put to him. The accused also said that he spent a night at the Police Post and the next day he was bailed out. It was his evidence that it was 15 lsaya Martin (PWl) who bailed him out. He told this court that he was bailed on condition that he should have two sureties, his father and PWl. He was supposed to report at the police station once in every two days for three months. The accused further told this court that he went to the police station on 21/11/2009 around 08:00a.m and Shaban (PW3) was on duty. He said that he told him that he should leave as he had already seen him. He left and on the same day around 08:00 pm while he was at home; his uncle Simon Martin (PWl) knocked on his door. He opened the door for him and he went in. He was alone and in the process of greetings, Lucas Simon (PW2) came by force and entered into his house blowing a whistle. He alleged that people gathered immediately, they even prevented him getting into his room. He gave evidence that blowing a whistle is a sign that there is something wrong. He was handcuffed and forced to lie down and his house was locked from outside while he was inside. His uncle, PWl was just observing what was happening. He said that he inquired from PWl why he was handcuffed but he was told that he will explain later. In the morrow, the militiamen and other villagers went and took him out of his house. He was untied the ropes on his hands and legs before taken out. While he was outside, he said that PW2 said that the plot he resided belonged to his father. Thus, the accused's 16 house should be demolished. According to him, his house was demolished. He was taken by the mob to Motongo Police Post. At the police post, he said that he was placed in the lock up. He was taken to Ibara Police Post on 22/1 l /2009. On 24/11/2009 he was transferred to Kiomboi Police Station where he stayed for two days. His statement was recorded on 27/11/2009 and taken to court the same day. He was arraigned before Kiomboi District Court. At no stage, he said that he was interrogated and confessed to have committed the offence. He further said that his statement was recorded on 27/11/2009 at Kiomboi Police Station. He denied to have confessed before PWl to have committed the offence. On the material date he said that he did not go to PWl 's house. He further denied that his mother knocked at PW2's house telling him that he wanted to commit suicide. He inquired as to why his mother was not called as a Prosecution witness. As regards PW2, he wondered why only two witnesses testified in court. He was of the view that the Prosecution could have called more witnesses to testify that he confessed. It was his stand that the Prosecution evidence was cooked against him. He maintained that he did not commit the offence and he did not confess. In cross examination he admitted that one of his children passed away on 22/04/2008 but he denied that the deceased was responsible for the death by means of witchcraft. He also admitted that this father is now deceased. In cross examination he further said that he was not in good terms with 17 his uncle (PWl) because he borrowed from him Tshs. 27,000/= and he did not pay back. The defence closed its case and both sides offered final submissions. Mr. Thadey, learned counsel for the defence submitted that the Prosecution did not prove its case beyond a reasonable doubt as follows; Firstly, the prosecution tendered the Post Mortem Report and Sketch Plan. The Post Mortem Examination Report shows that the deceased passed away on 15/11/2009. The information shows that the offence was committed on 16/11/2009. Hence, the documents tendered in court and the information clearly shows that no Post Mortem Examination was carried on the deceased who passed away on 16/l l /2009. He contended that if that is the position, there is no proof that on 16/11/2009 someone was murdered. He further contended that PW 1 & PW2 when testifying in court stated that it was not indicated when the offence was committed. On this point he concluded by submitting that there is no evidence that someone was murdered on 16/11/2009. Secondly, he submitted that the evidence brought in court shows that there are shortfalls as follows: PW 1 & PW2 testified that the accused confessed to have killed the deceased. PWl stated that the accused confessed in the 18 presence of other people at his house. PW2 also stated that the accused confessed in the presence of other people. Apart from PWl & PW2, he submitted that no other witness was called to corroborate PWl 's & PW2's evidence. He was of the view that there was a need to bring witnesses to corroborate PWl 's & PW2's evidence. He further submitted that there is also no evidence that the accused went to PWl 's house. Thirdly, regarding the wounds inflicted on the deceased, he was of the view that PWl & PW2 admitted that on 16/11/2009 they went to the scene and saw the deceased. According to him, It was possible that they saw the cut wounds and not because of the accused's confession. As regards the witchcraft allegation, that the deceased bewitched the accused child, he submitted that PW 1 & PW2 clearly stated that the accused and deceased were in good terms. As for PW3, other witnesses said that the deceased was bleeding while PW3 clearly stated that there was no blood. He cited the case of Mohamed Said Matula V. R (1995} TLR 3 whereby it was clearly stated that in murder cases, it is for the Prosecution to prove its case. In the present case, he argued that the Prosecution has miserably failed to prove its case. He was of the view that the accused is only supposed to raise doubt. Considering 19 what has been stated above, he prayed that the accused be discharged and set free. On the other side, Mr. Ndaskoi learned Senior State Attorney for the Prosecution submitted that they proved their case beyond a reasonable doubt. He argued that the prosecution has proved that the accused died an unnatural death and the one who killed the deceased is no other person than the accused person. According to him, three Prosecution witnesses testified to that effect. He was of the view that PWl clearly stated that the deceased was found dead on 16/11/2009. PW3 also said that on 16/11/2009 he was informed of the death of the deceased in this case. This evidence tallies with the Post Mortem Examination Report (PMER) that the deceased passed away on 15/11/2009. The PMER was signed on 16/11/2009 and the doctor was of the view that the accused passed away on 15/11/2009. Mr. Ndaskoi was of the stand that it is not in dispute that the deceased is dead as during Preliminary Hearing it was not in dispute that Ruth Daudi is dead. He submitted that the Prosecution proved that the deceased is dead. 20 He was also of the view that another issue which was raised by the defence was whether it was the accused that killed the deceased. He submitted that it was the accused that killed the deceased because he was the one who confessed, which confession led to his arrest. He further stated that PW l testified in court on how the accused confessed to have killed Ruth. He even stated which weapon he used and areas he inflicted the wounds. He clearly stated that he attacked the deceased on his neck, right hand side, right leg and left breast. He also said that the accused went further to give reasons why he attacked and killed the deceased. The motive behind was that he suspected the deceased to have killed his child by witchcraft. He was of the view that as he wanted to commit suicide it shows that he confessed knowing that he would also kill himself. PWl clearly stated that before the accused confessed no one was suspected for killing the deceased. PW2 & PW3 also said the same. He maintained that the Prosecution proved its case beyond a reasonable doubt as the accused admitted himself to have committed the offence. He referred to the case of Mathei Fidoline Haule V. R ( 1992) TLR 148 at page 150 & 151. In the said case the accused told one person only that he was the one who attacked his 21 mother. His mother died after a short time. In his defence the accused denied to have attacked his mother. Among other things, Mr. Ndaskoi said that the in the cited case the confession made by the accused was the basis of conviction of a lesser offence of manslaughter. In the present case, he argued that the confession of the accused, which even indicated the parts which the deceased was attacked clearly shows that it was the accused who killed the deceased. It was his contention that the defence does not raise doubt in the present case. He submitted that PW3, who was the investigator, clearly stated that he did not suspect anyone until when the accused confessed. PW3 also stated that he saw the accused person for the first time on 22/1 l /2009 when he was brought by PWl, PW2 and the accused's father, the next morning after the accused had confessed. Mr. Ndaskoi was of the view that any other witness which the Prosecution would have brought would testify nothing more than what the prosecution witnesses stated. Even though, he said that the accused's father was dead and could not be called as a witness. According to him, PWl 's and PW2's evidence did not require corroboration. Their evidence was direct; they stated what they heard from the accused. 22 He cited section 143 of the Evidence Act, Cap 6 R.E. 2002 which provides that no specific number of witnesses is required to prove a fact. Basing on the said section, he was of the view that the learned counsel for the defence's submission that such evidence needed corroboration was misconceived. To conclude, He submitted that their witnesses were credible witnesses to be relied upon. To substantiate his submission, he referred to the case of Marco s/o Gervas V. R (2002) TLR 27 at P. 31 which clearly states that the trial court is better placed to see the witnesses and determine whether they are reliable witnesses. He further submitted that malice aforethought in the present case has been established considering the case of Enock Kapela V. R Court of Appeal, Criminal Appeal No. 150/1994 (Unreported, Mbeya Registry). In the said case Malice aforethought principle has been discussed at length. Unfortunately, he did not furnish this court with a copy of the said decision. For the above stated reasons, the Republic submitted that the Prosecution has proved its case beyond a reasonable doubt and they prayed that the accused person be convicted accordingly. After summing up to the Lady and Gentlemen Assessors all the three Assessors were of the opinion that the accused was guilty as charged. They were of the view the accused confessed to PW l and 23 PW2 to have committed the offence. Before the confession no one was suspected to have committed the offence. The 1st Assessor further said that PW3 who was the investigator also testified in court that when the accused was sent to the Police Post his parents were among the people who took him to the police post. They also told PW3 that the accused confessed. He further said that the accused defence did not raise any doubt as he did not call any witness to support his defence. The third Assessor took into consideration that what has been stated in the Post Mortem Report tallies with the Prosecution witness testimony that the deceased was murdered on 15/11/2009 and the body was discovered on 16/11/2009. It has been established by the evidence of PW 1and PW2 and from the Postmortem Report (Exhibit P1) that the body of the deceased was found on the path side with multiple cut wounds. From the cut wounds it can be inferred that whoever inflicted them intended to either cause death or serious bodily harm. I have no doubt that whoever inflicted the wounds killed the deceased and did so with malice aforethought. 24 The only issue left is whether it is the accused that did it There is no eye witness who witnessed the incident. The prosecution evidence consists of a confession made by the accused person to PW 1 and PW2 which confession has been repudiated by the accused in court. The accused has put forward a defence of alibi. The question which arises is whether what the accused said to PWl and PW2 amounted to a confession. According to O'sborn's Concise Law Distortionary, Seventh Edition by Roger Bird a confession is "An admission of guilty made to another by a person charged with a crime. It is admissible only if free and voluntary". In the present case, I am of the view that the accused confessed to PWl and PW2 free and voluntary. The accused admitted in terms of the offence charged. As a matter of practice a repudiated or retracted confession needs corroboration. In the present case, I am of the view that the repudiated confession has been ample corroborated by the inflicted wounds which the accused specified the parts which he inflicted. He also mentioned one Alex Jumas as his partner in crime who has disappears from the village after the incident. The Post Mortem Examination Report is another piece of corroborating evidence, which tallies with what the accused confessed about the inflicted wounds. Regarding the conduct of the accused person, that he did not respond to same of the questions put to him, this is 25 also another piece of corroborating evidence. The case of Matei Fidoline Houle V. R ( 1992) TLR 148 which was cited by the Republic is relevant in the present case. Even though, the court may convict basing on a retracted or repudiated confession if the court warns itself on the danger of doing so and it is satisfied that the confession was nothing but the truth (See the case of Mustafa Paulo @ Senge V. R Court of Appeal Criminal Appeal No. 55 of 2007 (Unreported, Tango Registry). I am satisfied with the truthfulness of the confession in all the circumstances of case. I observed the demeanor of the Prosecution witnesses who testified in court, I am of the view that they were reliable and credible witness. I have warned myself of the danger of convicting on a retracted or repudiated confession of the accused and I am satisfied that the confession of the accused was nothing but the truth. Like the Lady and Gentlemen Assessors, I find the accused guilty as charged. I convict him accordingly. (C. W. MAKURU) JUDGE 02/10/2015 I le. 26 DATE: 02/10/2015 Coram: Hon. Madam C. W. Makuru. J. Mr. Seif State Attorney for the Republic Mr. Kitope Adv. holding brief for Mr. Thadei learned Counsel for the Accused. Accused (name) SAIMON ARON is present under custody and represented by Mr. Kitope Advocate. lnterpeter Mr. Ramadhani M. Nyembe English to Kiswahili and vice versa. Assessors. 1. Ramadhani Hamisi 2. Mathias Mdamu All Present 3. Tatu Ahungu COURT: Judgment delivered in open court this 2nd day of October, 2015 in the presence of the accused, Mr. Seif learned State Attorney for the Republic and Mr. Kitope holding brief for Mr. Thadei learned counsel for the defence. Sgd. C.W.MAKURU JUDGE 02/10/2015 Mr. Seif I have no record of previous conviction. I pray that the accused be sentenced accordingly. 27 Mr. Kitope Madam Judge, I have nothing to say. SENTENCE There is only one sentence provided by our law and that is death by hanging. The accused is sentenced to suffer death by hanging. C.W.MAKURU JUDGE 02/10/2015 COURT: Section 323 of the CPA, Cap 20 R.E. 2002 complied with. JUDGE 02/l0/2015 COURT: Sentence pronounced in open court this 2nd day of October, 2015 in the presence of the accused, Mr. Seif learned State Attorney for the Republic and Mr. Kitope Adv. holding brief for Mr. Thadei learned counsel for the accused. C.W.MAKURU JUDGE 02/10/2015