Criminal Session Case 84 of 2022 Ruling Mrisha J

IN THE HIGH COURT OF TANZANIA (IN THE DISTRICT REGISTRY OF SUMBAWANGA) SITTING AT SUMBAWANGA CRIMINAL SESSION CASE NO. 84 OF 2022 REPUBLIC VERSUS BUDAGALA S/O JOHN @ SHIJA 1 NYALU S/O KONYA @ SALU 2ND ACCUSED 19t & 20 February, 2025 f A.A.MRISHA,J. The duo accused persons in this case, stand charged with the offence of Murder contrary to section 196 and 197 of the Penal Code Cap 16 R.E. 2019 [Now R.E 2022] in connection with the serious allegations that on 5th day of February, 2022 at Bugwe Village within Tanganyika District in Katavi Region they murdered one Ramadhani s/o Hamis Juma. Both of them pleaded not guilty to the said information upon being arraigned before this court for trial of their case. As usual, the prosecution Republic paraded six witnesses and tendered two exhibits including the Post mortem examination Report which reveal the cause of deceased death and the 1 cautioned statement of the first accused which were admitted as Exhibits P1 and P2 respectively. The said prosecution witnesses whose names were Dr. Joseph Josephat Msongela, Juma Shaban Kabung’ando, Christina Daudi @Mama Kulwa, Abdul Hassan Kazembe, A/Inspector Pendael Namama and H.267 Corp. Yona Ba Akonay testified as PW1, PW2, PW3, PW4, PW5 and PW6 respectively and, apart from PW1 whose testimony mainly related to the post mortem examination and cause of the deceased’s death, the rest told the court the in and outs regarding the occurrence of deceased death and who caused his death From the evidence ee important things can be observed. First osecutio shows that before his death, the deceased person was arrested by a group of vigilantes on 5th day of February, 2022 when he was doing his business of showing sports in his brother’s video show hut^^ W The killers then approached his work place, ordered all persons belonging to Sukuma tribe to come out, then in complying to such order, the deceased began to come out whereby the vigilantes arrested him, took him to their nearby gathering place and punished him by inflicting fifteen strokes on several parts of his body including his head. The evidence of those witness 2 clearly shows that it is only the first accused Budagala John @Shija, who is incriminated as one of the persons who participated in killing the deceased. Secondly, the prosecution evidence which I have gone through, is silent as to whether the second accused Nyalu Konya @Salu, was either seen at the crime scene or that he also joined the team of killers to murder the deceased person. Thirdly, is on record that, thereafter, the decea Ith tion turned worse whereby his relatives took effo of r th panda District Hospital which upon examining roposed him to be referred either to Mbeya or anza ra pital, but unfortunately died before being taken th to fu More so, accordi en 5, a medical doctor who examined the dece e being identified to him by the relatives, depicts eceased death was due to traumatic brain injury which in a direct connection with the complaint available in prosecution evidence, that the deceased’s sudden death due to vigilantes’ assaults and his death, are the probable factors which led to his violent death. From the above evidence and evaluation, it is my finding that the prosecution Republic have made out their case against Budagala John @Shija, the first 3 accused person, whom I find to have a case to answer (Prima facie case) as per section 230 of the Criminal Procedure Act, Cap 20 R.E. 2022 (the CPA). I am, however, not convinced at all, that the prosecution Republic have successfully made their case against Nyalu Konya @Salu, the second accused, whom the prosecution evidence has not incriminated by any means, which makes him to be regarded as an innocent pers who deserves to be given the benefit of doubt left behind by the ion s far as the above allegations against him are conce In the premises, and in complia to section 230 of the CPA, I find and hold that erson namely Nyalu Konya @Salu has no case t ns in e offence of murder he stands charged with. im and order that he should be released fo It is so dBdered. DATED at NGA this 20th day of February, 2025. A.A. MRISHA JUDGE 20.02.2025 4