19700718 TZCA Dar es Salaam

Criminal Appeal No. 433 of 1970 (Original Criminal Case No. 41 of 1970 of the District Court of Kondoa at Kondoa). Before: W. Hat_han, E_sq_., - Tiistcict Magis•trate IDD H..AJ.ViADH.AJH ••••••••••••• • A::' ELLANT versus Charge: Assault causing bodily harm c/s 241 of the Penal Code. HAM:.LYF, J. This 1s an ap:p~:al against a eonviction for assault causinc bodily harm, contrary to section 241 of the Penal Code haard in the District Court of Kondoa; there is no merit whatever in the appeal. As iEJ not uncommon, the events to which the charge relates took placa at a gathoring«or drinkin~ and the evidence is clear. that a quarrel arose, during th.e course of which the accused stabbed the complainant with a knife on the side of the head. The complainant himself and also others who were present at ~ the gathering, gave evidence aiJ to the assault. At the cl~se of the case for the prosecution, the accused him~iolf gave evidence an'..l told the Court that he was in a house adjoinin6 the place where the drinking was taking pla~e, hen he was called out; upon coming out, he ,:as accused of having r:L1sbed E:omeone with a 11 :panga 11 - a matter of ,,hich he l-rncw nothing. 'fhe trial magistrate accepted thn evidence of the cpmplait nt aad of the other eye-witnesses ana found that the ac;uGed himself ha1 inflicted the wound on th~ injured man; it can be a matter of little surprise at this

decision, as the evidence cor:cern ing tb.e assault is very cle,:tr and t~1e Court founL.. that the wi tnN;ses who told this story were depcndi1ble persons. This Court considers that the evidence before he lower Court leaves no reasonabl .., doubt as tt.' the guilt of the accused and that the appeal is without substance. Sentence of six montht:1 iE; somewhat on tbe ligb"t side, but is not so plainly insufficient as to iiarrant this Court interfering with it. After reading the record, this Court is satisfied thn·t the appeal has been lodged wi tbout any su:fficien·) ground of oomplainds and I consequently order that it be forthwith summarily rejected. Dar es Sa1::.,am. (0 • T • IIAr{L Y.N ) 18th Julyt 1970. JUDGi~. ,. .f' <j