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IN THE CO1T OF APPEAL OF TANZANIA AT DAR E0S SALAAM JoA IJoAodPY&oAo) CRINAL APPEAL NO. 67 OF 2000 - ..•.•

BETWEEN JOHN KIMAMBOO 0 • • . APPELLANT AD THg REPUBLIC0 t o 0 0 0 0 0 • • • RESPONDENT (An appeal from the decision of the High Court of Tanzania at Morogoro) (jJ..K0) dated the 5th day of November, 1998 in

LLL

ADRLL The appellant, John Kinismbb 1 was convicted of murdering one Lucas Maliov, on 8t tortember. 1993 7 t Mazimbu ii 'to Dtt an4 was sentenced to suffer death by hanging. The appellant was ruiming a stall near his residence selling ond &upar carl. J&cCY.di ) Sjdi Hn •PW) 4 the stall of the appellant 1 the deceased helped himself with a piece of a sugar cane. The appellant demanded of the price but the deceased clai.med that he was going to do so after he had finished chewing the piece of the sugar cane. After the intervention of PWI, and another person who was also there, the deceased gave the appellant a Shs. 200/ note. The price of the piece of the sugar cane wasonly Shs. 5/, So the appellant had to refund the deceased some Shs. 195/ but he refused to do so. The appellant collected all the money he had at the stall and took it :wjth him into the house . .

IN THE COURT OF PPPEAL OF TANZANIA AT DATh ES SALAAM (pRA M ., PAMADHANI J.A.AndLUBT.P,J0A) -CRD'IINAL JPPE.AL. NO 67 OF 2000

IEBVEEN JOV4 KIM-AILBO. . .. . . . .APPELLANT AND .PUBLI.C,.. . • . . 6• . RESPONDENP • •j. (Anappeal from the deci Of the Higb. . . - •. . Court of Tanzania at Morogoro) -- dated the 5th day of November, 1998 in .. -• CriininalSession Case No. 6.) of 199

J U D G M E N T

RAMADHANI The aUat,. John Ki.marnbo, was con-cic ted of murdering One Lucas 11aJi4e1 ot& September, 1993, at Mazimbu in Moroom District. .: Was sentencM.to suffer death by hanging.. ........... . Ths..pp1t s. running a st1 near his residence selling £r4ts e1gr can,. Ace rding t,6 £idi .Hassan (Pwi), wiia..wae at- ........ the stall o1.e appellant, -the deceased helped himself with..a pieoe ............. of a sugar ezine. The appellant demanded of the priie but the deceased.. ...claimed..tha hewas going to. do so after he. ad finibed chewing - the.... •..........- piece. of thegar cano After the intervention of P41 and another.. person whowalsothero, the deceased gave the appellant a.hs 1. 2OO/ .note. :Tha pe of. the piece of the. sugar cane was only She.. the appellantjaad to refund the deceased some Sbs&:195/= but be re±us:ed -- .. to do s. TappeUant collected.all - the, money he had at the stell an - took it. with h. im into the house s • .- ... .•.. .-. . . .. IN T}Th COURT OF APPEAL OF TANZANIA AT DAR ES SALA.AN J0A., RAMADHANI , J!)... . .• .. ..- . - .CRflINAL APPEAL. NO 67 OF 2000

BETN JO.KIM1BO..00...06...APPELLAflT ANT) 2V REPUBLI.0 o.a a o• • o RESPONDENT (ki appeal from the decision of the High. Court of Tanzania at Morogoro) --' dated the 5th day of November 1 1998 in Criminal Session Case No. 61j5 L .. JUDGMENT - * . .. -

RAMADHANI — — The aêjlant,. John Kimainbo, was convicted of murdsring one Lucas .. majice j on- & September., 1993, at Mabu in Morogoro D,.strtct. - was sentenc4to suffer death by hanging s . . . . .. * Ths-appJlant was running a stall near his residence ..selliag £r4it5 .a can.0. AcccrUiig t aidi .Hassar (PWI) who.. a ........... .-. * the...stall oje appellant, -the deceased helped himself with..a piece ............. of a sugar czj4p. The appellant demanded of the price but the decease& •claJ.ed.. that.4hewas going to do so after h ..had finished chewing tb&... pjece of the.,zgar cane After the intervention of PWI, and another,. person who, w4 also there, the deceased gave the appellant a She . 200/= note.- :Tha pr...e of. the piece of the. sugar cane was only the appe1lantad to refund the deceased some Shs.:195/= but he re±'us:ed -. -. .. to do so. Tappellant collected all - the. money he had at the stall and took it with into the house. k