Republic vs Miraji Alpha Salim Criminal Session Case 21447 of 2024 Judgment MrishaJ

IN THE HIGH COURT OF TANZANIA (SUMBAWANGA DISTRICT REGISTRY)

SITTING AT MPANDA CRIMINAL SESSION CASE NO. 21447 OF 2024 (Originated from Mpanda District Court in P.I. No. 13042 Of2024)

REPUBLIC

VERSUS MIRAJI s/o ALPHA @SALIM........................................................... ACCUSED

JUDGMENT 1CP September, 2024 MRISHA, J. The accused person namely Miraji s/o Alpha Salim was earlier today being arraigned before this court with one count of Manslaughter contrary to section 195 (1) and 198 of the Penal Code, Cap 16 R.E. 2022 (the Penal Code) in connection with the allegations that on the 30th day of March, 2024 at Ilembo within Mpanda District and the region of Katavi, he unlawfully caused the death of one Geofrey s/o Roja, the deceased person. Upon the charge being read over and properly explained to him in Swahili language which he understands, the said accused person i pleaded guilty to the offence charged. Thereafter, the following facts of the case were read over and explained to him before he could be asked on their correctness or otherwise: That on the fateful day during night around 0230 hours, the accused person was at his duty station which is located at Ilembo where he has been working as a watchman. That the accused person inspected his duty area using a torch and reached to the store where he saw the deceased with a piece of iron bar, machete and a hummer in his hand. That the accused told the deceased to surrender, but the deceased resisted and approached the accused in a violent manner raising the machete against him, thus prompting the accused to defend himself by using a piece of plastic water pipe which he used to hit the deceased on the

head and caused him to fall down. That the accused managed to retain the deceased and took a piece of iron bar, a machete and a hammer from him. He also inspected the store and discovered that the same was broken into and some articles were stolen including one mattress, two shovels, hummer and one empty bucket. That thereafter, the accused person asked the deceased as to who broke into the store, and the deceased stated to be the one who did so in 2 assistance with other two men and had stolen the aforesaid articles. That when the deceased condition changed, the accused communicated with his employer whereafter his employer's son one Deus Kweka went to the scene of crime with his friend one Philibert Andrea and Magid Khamis Sadick. That the deceased was taken to Mpanda Central Police Station where he was received by Assistant Inspector Mgala and his condition was critical and undetermined, then he was issued with a PF3 for medical purpose whilst the accused was restrained and detained thereat. That the deceased was taken to Mpanda District Hospital and upon arrival, it was confirmed that he had already died and his body was taken to the mortuary for preservation. That on 30th day of March, 2024 at the Police Station, the accused person was interrogated by a police officer one H. 699 D/Cpl Melkiad by way of cautioned statement and admitted to have committed the offence

charged. That on the same date, the police officers led by Assistant Inspector Mwalwajo went to the crime scene and the police officer H. 699 D/Cpl Melkiad drew a sketch map of the scene of crime assisted by one Leo Kweka, the owner of the premises from which the incident of death happened. 3 That the piece of plastic water pipe was seized from the scene by way of certificate of seizure which was signed by police officer and one Leo Kweka. That the said seized item was taken to the Police Station and handed over by one H. 699 D/Cpl Melkiad to WP 7894 D/Cpl Huruma by way of Chain of Custody. That on 09.04.2024 the accused person was taken before a Justice of Peace Hon. Khadija Shaban Mtunguja for extra judicial statement where he confessed to have committed the offence. That on 15.04.2024 the autopsy of the deceased body was conducted by Dr. Baraka Kombe and according to the report on Post Mortem Examination, the cause of deceased death was due to Head Injury. When given a chance to make his comments, the accused person admitted that the above facts are true and correct. He also raised no objection regarding the prayer of the prosecution Republic to tender the Report on Postmortem examination. Hence, the court admitted those documents as Exhibit Pi. Thus, based on the fact that the above-named accused person had been pleaded guilty to the offence charged and admitted not only to

all the facts read over and explained to him, but also to the prosecution's prayer regarding admission of a report on post mortem examination 4 which reveals the cause of the deceased death, as indicated above, I was inclined to find and hold that the offence of Manslaughter contrary to section 195 and 198 of the Penal Code had been proved against the said accused person. Hence, I thereby found him guilty of that offence and convicted him accordingly on his own plea of guilty. As it has been the usual practice, subsequent to the above findings and conviction, both parties were afforded an opportunity to make their submissions regarding the aggravating and mitigating factors. For the prosecution Republic, it was their submission that the abovenamed accused person has no previous criminal records. However, they urged the court to sentence the said accused person in accordance with the law. For the defence side, their main prayer before the court was that the accused person be given a lenient sentence due to several reasons including, but not limited to the fact that apart from having no previous criminal records, he has pleaded guilty and therefore, served the time of the court and government's expenses had the matter gone for a full trial. It was also their submission that the accused did not intend to cause death of the deceased person, but it was the deceased person

who 5 contributed to his death due his attempt of attacking the accused with a machete something which prompted the accused person to defend himself by using a plastic pipe to hit the deceased who had previously stolen his employer's properties, thereby causing his death. As if that is not enough, the defence side submitted that the accused person has a family of one wife (1) and four (4) children who depend on him, and has been in remand custody for about six (6) months; moreover, the accused person had shown good cooperation to the law enforcement agents immediately after the occurrence of the incident of deceased's death. On my part, I have considered all the above factors and observed that the death of the deceased person one Geofrey Roja, could not have happened had he not invaded the accused's working place, stealing and attempted to attack the accused person. In other words, the accused person, being a watchman on duty and being attacked by the deceased person who was armed himself with a machete, could have nothing to do rather than protecting not only himself, but also his employer's properties. That however, that does not mean that his act of causing the deceased's death was lawful, but owing to the prevailing circumstances of the 6 commission of the offence charged, together with the rest of the mitigating factors, as I have reproduced them above, it is my settled view that the accused person deserves the most lenient sentence. Hence, I order that he be discharged absolutely under section 38 (1) of the Penal Code, Cap 16 R.E. 2022. 7