19731208 TZHC Mwanza

IN THE HIGH COURT OF TANZANIA AT MWANZA AL>PELATE JURISDICTION Criminal Appeal No 339 of 1972 Original Criminal Case No: 279 of 1971 of the District Court of Kigoma District at Kigoma Before: C. G. Mtenga, Esq., 'esident ''aqistrate. Julius K azege l3alagula .,..,,. Appellant (Original Accused) versus The Republic ,.....,,..,,,,. Respondent (Original irosecutor) J U D G M E N T PATEL, J. - Appellant is convicted on 3 counts for forgery and on 4 counts for stealing by servant and is sentenced to one year imprisonment for the offences of forgery under each of the 3 counts and 3 years imprisonment for stealing by servant for each of the 4 counts, all terms of imprisonment to run concurrently, e now appeals against conviction and sentence. The total sum inhlved is Shs. 1 4,0391=. Appellant was at the matpril time AssIstant Treat Urer of TANU at Kasulu and as part of his du±es mairitairied Revenue of TANU and paid members ccordinc to regulati.oiis. He Was respohsib±e to collect revenUe ide. membership fees, sale of TANU cards, contributions to TANU building and collect revenue colle- ctions from branch secretaries within Kasulu District. Area Commissioner received complaints about mishandling of funds and at his request ai.ditor of TA NU headquarters at Dar es Salaam came to Kasulu and made on the spot physicla check and found a shortage of shs,14,039/= which was misappropriated as a resul - .-. of forgery. This check was based on cash sheets, payment vouchers, Daily cash books and other accounting documents. Appellant was later charged adconvi- cted for forgery and stealing by servant. in his memorandum of appeal the appellant states that he did not steal money as alleged and that evidence did not support conviction, and is should be quashed and sentence he set aside. Learned state attorney submitted that there is overwhelming evidence including documentary which proves conclusively the offences far which appellant was convicted and as such this appeal should be dismissed. I have qone through the record carefully and in my opinion learned trial Magistrate tried the case with care and has dealt with all issues before him. He considered all evidence before him, weighed and then made his finding and I see nothing wrong in his arguments, reasoning or conclusions. There is exhaustive documentary evidence and it proves without a doubt that the appe- llant forged many documents and stole a sum total of shs.14,039/=. There is nothin.g in record, judgment or memorandum of appeal that will make me reverse lower Court's finding. Sentence is minimum under the laws. For these reasons this appeal fails and is dismissed in its entirety. 0 elivered in Court this 8th day of December, 1973 in presence of Mr. Rut ainurwa, MWANZA J. B IP,JPATEL 8th December, 1973 JUDGE.