N

IN THE IITGH COURT OF TANUNIA AT D!R ES SALAAM L~ APPELLATE JURISDIC~IOB HIGH COURT CRIMINAL APPEAL NO.62/84 ORIGINAL CRIJ\!1INAL REVISION NO.4/84 OF THE DISTRICT COURT OF ILP.LA DISTRICT AT SAMORA AVENUE Before KAYOMBO ESQ., SENIOR DISTRICT MAGISTRATE HA.RUNA SALUllii •••••••••••••••••••••••••••••• , ••••• APPELLANT versus THE UNITED REPUBLIC ••••••••••••••••••••••••••••• RESPONTIENT JUDGl\tENT JHAVERI 1 AG. J. This is an appeal from Criminal Revision No. 4 of 1984 by J. N. Kayombo~. Senior District Magistrate from original Criminal case No. 567 of 1984 of Kariakoo Primary Court. The Appellant was charged under Section 89(1)(b) of the Penal Code. Firstly trial proceeded on a defective charge as there is no offence for threatening to murder by word under the Penal Code. Statement of offence did not correctly relate to Section s9(1)(b) of the Penal Code and as such the section did not apply. If. it was intended to apply Section 214 of the Penal Code - then threat to murder must be in writing. There vva.s no such threat in writing. In any event the Primary Court and the District Court had no power to try a case for threat to murder. Further, from the record it appears that no written consent has been obtained from the Director of Public Prosecution asrequired to prosecute under Section 89(1)(b) of the Penal Code. This Court holds ... that the Appellant was improperly convicted by the Primary Court and the Revisional order by the District Court is bad in law for the aforesaia reasons. Accordingly, conviction quashed, sentence set aside. Appellant who is released on bail by this Court is also deemed to be released by virtue of this order as it is so ordered. Appeal allowed. SGD. JI!AVERI AG. JUDGE ••••••• •12.