republic vs paul ntegwa ntabanya others 2006 tzhc 196 21 february 2006

IN THE HIGH COURT OF TANZANIA ^T TABORA (Tabora Registry) CRIMINAL SESSIONS CASE NO. 7 OF 2006

THE REPUBLIC

VERSUS 1# PAUL NTEGWA @ NTABANYA 2* JUMA S/0 MHUMI @ YENZEMALA % JUMA S/o MASESA . P R Q C E E D I N , G-S High Court S*saion* at Nzega Date: 21/2/2006 Ooram: R#£#S# Mziray, Judge* Mr* I»ukosif State Attorney for the Republic# Accusers (name) 1* Paul .Ntegwa 2# Juma Mhunri. @ Yenzemala 3# Juma Mase£a are present under custody and represented by Mr. K#K# Kayaga, Advocate# Interpreter Mr# Nheleganit English into Kiswahili and vice versa# Notice of trial on Information for Manslaughter contrary to section 195 of the Penal Code was duly served on the accused* now before the Court on 21st February 2006# Information is read over and explained to the accused in their own language and they are required to plead thereto# Plea: 1st Accused: It is not true. 2nd Accused: It is true but I killed by bad luck# 3rd Accused: It is true but I killed by bad luck# Entered as a plea of "not guilty11 to the charge by the three accuseds. R#E#S« MZIRAY

JUDGE Mr« Mokiwai My Lordf the D.P*P« on behalf of the Republic is no longer interested to prosecute the first accused Paulo Ntabanya* Under the circumstances I pray to withdraw the charge against this accused under the provisions of section 91 (1) of the Criminal Procedure &ct* R.S.S. MZIHAY

JUDGE 2V2/2006 Mr^ Kayagas hty Lord* we have no objection. R.E*S# MSIRAT

JUDGE 21/2/3006 Order: Upon application by the Republic., the charge againat the first accused Paulo Ntabanya is withdrawn under section 91(1) of the Criminal Procedure Act and he is accordingly discharged* The accused has been informed that the discharge is not a bar to subsequent proceedings based on the same factst R«E«S» MZ3PAY

JUDGE 21/2/2006 Mr, Kayaga: Lord, the second and third?accused have pleaded guilty to the charged offence* R.B.S* r o

JUDGE Facts by Mr. Mokiwas 1^ Lord, the two accusers in the dock killed the deceased on 22/12/2004 at Chamipulu Village in Nzega District. On that day at around 6*00 p.m, one Dotto s/o Masanja was apprehended by sungusungu on allegation that he stole two cc?s the property of ot:.e Sofia d/o Mihambo. Upon interrogation this Dotto Masanja admitted the theft* He alleged that he committed the offence Jointly with the deceased Philbert s/o Nhuluzi. The deceased was arrested but he denied involvement. The two accused together with other villagers started to assault the deceased with stcdes until he died. The body of the deceased was rp^icallv the doctor who conducted the postmortem opined th&L was due to severe bleeding and severe pains. I tender the postmortem report as exhibit. MZ-TTJLr

JUDGE 21/2/2006 Mr. Kayagas rty Lot *'?. T h^'rrQ on, - R.E.S. MZIRAX

JUDGE 21/2/2006 Mr. Kayasa: My Lord, I have no objection. R.EoS. MZIBAY

JUDGE 21/2/2006 Court: • Postmortem report admitted as exhibit and marked P.I* R.E-JS. MZIRAY JUgGS 21/2/2006 Facta continues; The two accuseds were arrested and charged with the offence of manslaughter* .,r._ R.E.S. MZIRAY

JUDGE 21/2/2006 Accused Juma Khurai @ Nyenzemela states: The facts are correct* R.E.S. MZIRAY

JUDGE focused Juma Mase^a states: The facts are correct« R.B.S. MZIRAY

JUDGE 21/2/2006 Court findings The two ac?^^c! arc convicted of manslaughter contrary to section 195 o f the Penal Code* R.E.S. MZIRAY JUDGE y 21/2/2006 Allocutus* Mr* Mokiwat My Lord, the accused persons are first offenders. R.E.S. MZIRAYf Mr. Kayaga: Wy Lord, while passing sentence I will like the court to consider the followings. The two accusers are first offenders. They have pleaded guilty something sliowing remorse and they have served the precious time of the court and expenses the Republic would have incurred to call witnesses. The two accuseds have been in custody for one year and two months. The accuseds were not sungusungu. They oust went to the scene to see what was going one. The first accused is 24 years old and the second accused is 3 1 years. They are still youths# They are appealing for your lenience. R.EoSo MZIRAY

JUDGE 21/2/2006 Sentence: The two aco’-^ l Luir? ^i.r.st offenders. Their pleas oX guilty in my view is a sign of remorse. They have served the time of the court and expenses which the Republic would have incurred to call witnesses. They are 8'till youths who have been in custody for one year. 411 the factors above trken into consideration I impose five years imprisonment sentence to each accused. R 0E 0S. MZIRAY

JUDGE 21/2/2006 Right of appeal fully explained.