19830809 TZHC Mbeya3

Iii T:hi °I CO JPL 0:t1 TLJZIi. ii1 ( l)Ta isury) hO.. 26 Oh 1981.. ?'f. Cr. . No. 27/1U1 CIh C1.1i. Ch NO. 218 Oh 1979 OF TCh .OItIiI.hOT CeO NT: F. 1Iah CL3TRI CT LiT ININUN - Bfore J i ' iusa i -i t I dgLtr Le NL £1LL C ..."..... CHiR lot 2out c,s 2, ) u c tie Peuaj Code, Car 16 2na Co -b ii c/ (5 ci' ho anal Cap41. i:. UNYii, J. . . The two appellants were char.Cei. jointly with six others fo xglay aid stealing. It was stated that during the night of 10/3/79 the cplaiantt s house was burgled into and *ii-ious i±ens, clOthes, radio cassette and record players were stolen, he reported the ttime to the autharir. On info2±iatioI received the first apireilont was sehecI and found in oseesaion of a reeord p1ayr. The san iid ajlpellant found n th a bundle of clothes. 11 were idntified by the cornolainaiot as his property. In their Iefenc the first appe1anL denied that ic was found in possssion of the reord player. The second ne1L.nt adnitted -biat th c±et'oes were found. her house but alo)ued tliat t sy wcrc bxou),ht in t -ic by the first apeU,afl't for the purpose of bcind sold. The first ape1ont was convictqd as charged (as Weii;as the second accused whose ppea1 is not befo The secondappellant was convicted of a lesser offence of receiving. Vhq first appellant ias sentercd to 8 years in the first coujit an ofrt y',a.t in the second, concurrent. The second ajpe±lant was sentenced

to imprisonnient. The reimainin five accused ee acuitted. Por the first 22peilant tnere as videnc of i 3 and. P44 to the effect that the record player was found in s pssesa.on. It identmfied by the cc lament as us and t uc ap lant made no iva1 ctaizz. to it. Iua. ctoiiial t it a n,,,t founu in his .ses.ion was rightI.y r3ected.. The doctri ess i '-'ist Ii The sentence of • ; (2) •.. fauna that she received thL clothes with Sailty hiiw1odge. She was rightly convicted. Both appecis are car ised. their entiretpi dt Mbeya, •• • P. • 9th ugust, 1583 •.