19770725 TZHC Mwanza 1

IN THE HIGH C-...JURT uF T,J~ZJ-.ifii', AT M;JANZA APPELLATE JURI3DICTION (Original Criminal Case No. 448 OF 1976 of the District Court of Eusomc:, district at iiusoma - B0fore L.i-..L. Mgonja 9 Esq., District Magistrate). SAMIJEL H',JI'.!'f, o•••••••• APPELLANT versus THE REPlJT:3LIC On O 0 ._, COO O O ti 0 0 o O o 0 o O O O O o O O O O O 0 0 O O O O <4" 0 0 b O 0 0 RE;;·.:i.?()J',JDENT Cl:!i.:I_3G~; Stealing by servant c/s 271 and 265 of the Penal Code Cap. 16 Vol. I of'the La~s. JUDGEMENT:, LUGAKINGii-U, 9 J. : This is an appeal ,:1gainst conviction and sent,?nce. Thr:: appellant 9 3/\W·iELI f'l·JITf,, was convicted of stealing by servant and sentenc~d to five y~ □ rs' imprisonm0nt. He had been charged with anoth~r who was acquitted. It was conclusively established tn2.t on lol2.76 the appellant was apprehended trying to sell five carpenter's planes. During the month of Novemb0r 9 155 such pl2n~s had disappeared from the godown of th-:~ Rcgion21l Trading Com;'.)any (liTC) at Musoma in which he worked as a labourer. It was on these facts that the a0pcllant was charged with st~~ling the 155 planes which were worth shs. 5,5:3/50. The G0pellant did not deny his arrest; he denied being found in possession of the pl3nes. I think the denial was uninteligent in view of the evidence of PN.5 and 6, eye witnasses to the arrest and to whom he had tried to sell the planes. It

was therefore ri9htly rejected. Since the RTC had lost similar planes and the· ap")ellant did not seC:?k to uccou·:\t for those fct:od on him it was safe to find that h-2 must have stolen them from the RTC while working in the godown. I-le was therefore properly convicted as ch~rged. The sentence awarded was the minimum under the law. ;,,s such the entire a0pcal is without merif It is so d~smissed. -~~,,! --..::1-.::-;.-..\ K• .3.Ko \LUGAKING C\kA•\,·\,~✓i· ;:, 9 JUDGE: ~NANZ!, 25/7 /77