N

IN TIE UIGI-I COTRT OF T.ZATIA - F ri f'DTTQYt LU_L.ikâ. .U. i APPELLATE RIDICTIOI HIGH COURT CRIPTINAL APPEAL NO. 82 OF 1975 ORIGINAL CRIhINAL 'CASE NO.188 OF:1974 OF THE DISTRICT COURT OF HANANG .DISTRICT AT ABATI BEFORE: J. N. NILCAZA, Esq., District Magistrate THADEO LT.ICHLEL ....... . . . ... ... . APPELLANT (Original1st Accused) vorsus• THE REPJBLLC ......... .................... RESPONDENT -. . (original Prosecutor) JUDGEMENT 111,LALI. AcT. J. The appo1lant, who was the 1st Accused in the lower court, was jointly charged with nine others with the offence of Unlavtful Manufacture of. Moshi c/s 3(1)(2) 'of Act No. :62 of 1966 in the 'fir'st count and with Unla!fltl possession of Moshi c/s 30 of. the sanio Act in the second count.. Two of the accused peThons,' ho were the 7th and 8th Accusecls at the trial pldàded dtiilty to the charges and were sentenced. The appellant and the other pleaded not guilty but were convicted after a full trial. Appellant was sentenced to a fine of sh.iOOO/= or 6 months on the first count, but was absolutely discharged on the second count under 5. .38 of the Penal Code. The facts of the case according to the prosecution are that on the 5/12/74 P.W.1 9 P.L2, and P.i.3, acting on information received, proceeded to a remote place in a river valley in Kiongozi village where they found the appellant and others distilling the illicit liquor known as°'Moshi". In his defence at the trial, the appellant claimed that he, together with two others had frone to the place in search of lost goats which they suspected could have boon slaughtered and roasted by the Moshi'disti11ers, and that the police found him and his two corpanions already leaving the distillery but he and his companions were taken back to the scene by the police. * If the stor; about the search for lost goats was true, the appellant would have informed the arresting policemen about it. , But the record of the case shows that none of the accused persons, including the appellant raised the story in cross-examination of the policemen who gave evidence at the trial. Furthermore, as pointed out by Mr.' Mwipopo, ' Learned State Attorney in support of the convictions, there was evidence, given by the police witnesses, which was not challenged by any of the accused persons including the eppellant, that the appellant and his friends were four feet from the distillery and apparently attending to it. Once••••• •to...•. • . . . ./ 2 -2- Once that evidence we .aepbIiy. ;trial court, which accoped it, the conviction of bLio appellant was inevitable. The appeal must therefore beisraissec1 and is dismiscd. in its onrirotj. F. L NLLI) •-JUDE ... Judgement. delivered in open cour this saiie day of 9th January in thc 3.roseilcb of 1\h. Mwipopo, Learned State Attorney. : ,j (F L. FLN/i\1TPM. .. AG-. JUDGE,