Esulu Malehenga vs Republic (High Court Criminal Appeal No. 85 of 1977) [1978] TZHC 243 (4 January 1978)

IN THE HIGH COURT OF TANZANIA AT DODOMA APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO. 85 OF 1977 ORIGINAL CRIMINAL CASE NO. 001 OF 1976 OF THE DISTRICT COURT OF MBEYA DISTRICT AT MBEYA Before T. N. N. Kisuqujila, Esq,,, ...,..Senior Magistrate ESULU MALEHENGA ........ ,•• •• APPELLANT versus THE REPUBLIC ...... Q •, , ••• . o.....• . .. .. . RESPONDENT Charge: Robbery with violence ntrary. te 9ectten '25 and 26 of' the 'enal. Cede, e JUDGEMEZV MAKANE, J. - The evidence upcn which.the appellant, ESULU MALEHENGA, was convicted was brief and clear. He earned for himself a jail'terrn of seven years, which he richly deserved. One night in March, 1976 in Mbeya District he forced his way into the house of PW1 ALETUNAS SALUKOSI where he terrorised her and her daughter, PW2 ALATUPOKA SEDUULA. At the point of a panga he extracted from them Sh. 1207= cash and some garments. The same night the two ladies reported to PW3 NASSORO MBARANILA,' a cell leader, who got in touch with another cell-leader for assistance.. The same night the appellant was traced to the house of his brother where he was arres'ted. In defence the appellant put up an alibi and said he had been sick in bed. As was the learned trial magistrate, I believe the two witnesses PW1 and PW2 clearly saw and recognised the appellant, a fellow-villager, with the aid of a bright fire s especially as the verbal exchanges disclosed must have taken quite some time. The trial magistrate did not specifically address' himself to the twin contention by the appellant that he had quarrelled with PW1 •rer a piecê.f land and that the testify- ing cell-leader was intent on securing PW2's hand in matrimony. This omission does not, in my view, 'detract from the soundness of the conviction as I in any event do not believe the two assertions. The appeal is worthless and is accordingly disnissed. (L. 'N. MAKANE) JUDGE DAR ES SMJAAM, TapivV 4 '7R--