19830725 TZHC Mbeya

Ik IN THiIR COURT OF TIiUIA c: AT PLTii JURISDICTION • (Iviboyn Reistry) Ci1INiL PbthL M. 127 OP 1978 ORIGINAL CRflvINiL CnSl NO. 288 OF 1977 OP THE DIRIOT COURT OF MBEYI DISTRJCT AT NBLffu 3efore: T. I. N. Kisugjila, Senior Liagistrate. DAUDI S/O SEME ........... .............. .APPELLANT VERS3S THE REPJBLIC ............................... B.ESPONDEINT CHARGE Store Breaking and Stealing o/s.296 (i) f the Renal Codo Cap. 16 Vol.1 of the avzs. JUDGLOiIJT MTJNYER., J.: 1. The appellant was charged with storebreaking and stealing. It'wa stated thc'tt'.daring the night of 25/7/77 the store belonging to Iwami Dairy Farmwas broken into and various artic1(- to the value of Shs.2 a 721/90 were stol. The appellant was among the suspects. His finger inprions and of four other supeots were taken by Insp Melkior (PW.2) and sent to I.B. Dar es Salaam to be compared with the finder impressions found on the table drawer and an ash tra - of the Farm's office. The I.B. returned their findings which iniplic te the appellant only. He was charged and. dned that he broke the store. He was oonvictd, and sentenced aQcc$iu There was no reason for the magistrate not to accept the report of the finger prints expert. i total of five people 4Ancluding the appellant) bad their finger prints sent to the expert. The appellant's marks oxüy corresponded to those found in the office. This was a conclusive

evidence that he broke the office. Thre was no sugstion that ho was a woer of that place and might have touc'ed the drawer and the ash tray in ourse of his work. Hewas an intruder. He was rightly convicted and with regard to.the sentence of five years, it could be said to be excessive as the value of pperty stolen did not even rebh Shs.3,000/. BAt he Ias since served the,sentenoe so nothing can .: cLohe The apal is dismissed in its entirety. 7/ AT 1IBETh, F.MYE.RI nth July, 193 JiXi.