19700317 TZHC Dar es salaam

-- -. =:- IT THE HIGH COURT OF TAzANIA AT DAR FS SALAAM CRIMINiL ,PP?ALS NOS. 75-77 OF 1970 Criminal Original Case No. 806 of 1969 Of the District Court of Dodoma District at Dodoma Before v. A. wita Tesq. t District iaietrate NAUMBA /o HOFLA NALOGOs/o CHOG TONTA s/c MPFLA3F VerSus TH1t!UrP1JBLIC.. ................... ...RFSi' 0NDP JUDGMENT Summary Rejection MUSTAFA, J. - I consolidate these three appeals. The three appellants uere oonvcted of stealing from the person of another, contrary to sections 265 and 269, and each was sentenced to twelve months' imprisonment. Conplainant's purse containing money and his personal tapers was stolen from his pocket when he was entering a bus, P.111.3, a police constable who was also a passenger in the bug testified he saw appellant Malogo passing a red purse to appellant l4atonya who passed it to appellant Nyaumba. It transpired this red purse was the one stolen from complainant and was recovered from the hands of appellant Nyaumba when he was arrested. Complainant had grabbed hold, of appellant Nyaumba when he realised, his purse was missing, and the rod purse was in app1lant ryaumba's possession when he was arrested# t-.i,3 saw appellant ?atonya removing s.lQO/- from the purse * a .100/- note - and he saw appeilantN trying to take it from appellant Matonya. He also saw appellant Malogo trying to grab the red purse from appellant Matonya. '.W,3, with the help of another constable on the bus, arrested all the three appellants. Appellant Nyaumba denied he was caught with the red purse in his hands. The other two appellants denied, they ever touched. the purse or money or knew about the matter. The purse contained the personal papers of complainant and .132/80 was recovered from appellant Nyaumba when he was searched. The trial magistrate ooncidered the evidence and believed what the complainant and P.W.3 had said - he was satificd they had told the truth and were not mistaken. In their appeals, the appellants all allege the prosecution version is wrong and, that P.W.3 and the other prosecution witnesses told, lies or were imagining things. Appe1ian Nyaumba also repeated he was not arrested with the purse - that the purse was lying on the ground. In my view, the trial magistrate was entit1ed, to accept the prosecution evidence and the convictions were justified. The sentenceB 'imposed on the appellants are not excessive. The appeals have no rneri.t * the question was one of credibility for the trial magistrate. I certify that aftor perusing the record, I am satisfied that th( appea1ha&been lodged without sufficient grounds of complaint and order that be rejected summarily. (1 Dar es $alaam,, (A. MUSTAFA) 17th March, 1970. 3UThE.