19701204 TZHC Dar es salaam

Judgment or Order on Appeal (s.

320) Criminal Form No. 33 (Approved by the High Court under Section 352 of the Criminal Procedure Code). .4mmary tE/ectiQn (s.

317)

IN THE HIGH COURT OF TANZANIA

AT DAR ES SALAAM

PIEUJATE JURISDICTION CRIMINAL APPEAL No ........ 4O OF 19..1P Original Criminal Case No .................2•7.. of 19. of the District Qmrt of.... ..... District at ................................................... before .... ........ ....... ...............Esq., istrict Magistrate. SAtILO 3/0 1 SAY A .. .1 Appellant ( (Original Accused) versus THE REPUBLIC ............... .... ... ...... ..... .................. . .................................... ......... Respondent (Original Prosecutor) CHARGE: Attempt to Conmit Offence 'c/as 380 9 381 and 382 of the Penal Code. ,y. y. • I j,)r,)iitJ1ke IDJ A. 8J)I, J. I allowed this appeal 0t2 the hearing date, quashed the øonvietion and set aside the sentence. I will now give my reasons, In the 18t place it is not clear as to what the charge is. It was claimed by the prosecution, though not alleged in the particulars of the offence, that the appellant had gien the 'sum of She. 3/40 to one Isaac Zvezi to p ay his defence witnesses at Bulongwa village s3 that they may give favourable evidence in the case he was charged with arson. The trial was then going on end the defence witnesses had not yet arrived. The appellant adnitted giving She. 3/40 to Isaac Xwezi and explained that he gave him this sum for burthg him meat and food stuff. This was not accepted by the learned District Lgistrate. It appears to ins that the appellant's

allegation is true., In the let place the learned District Magistrate had on the saw day adjourned his trial and then ordered him not to go back to his village where he would meet and influence his defence withessea • It does not appear that this order is proper at any rate. By doIng so the learned District Magistrate ccpeUed the appellant to live near the Court, Then the appellant gave another person some money and he claims that the money was for food. I think in the circmistcflceS he should not have been charged with this offence. It was for this reason that the appeal was 'iIiSin 1624f12-65/6Om/4up (A.SAIDI)

DAR ES SAWAM JUDGE 4/12/1970