Uliza Abdullah vs Republic (High Court Criminal Appeal No. 39 of 1977) [1977] TZHC 518 (30 December 1977)

APPELLATE JURISDICTION. I.. HIGH COURT CRINAL .APPEL No. 39 OF 1977 .1 (OriginaL. Criminal Case No 605 of 1976 of the District Court of Morogoro District at Morogoro) Before: A. MW.AKALOBO, Esq. District Ivlagiatrate ULIZ A ABDLLLAH . ., . . . . . ... . • . . . . . . . . . . . . . . . . . . .. APPELLANT (Original Accused) versus . THE REPUBLIC ., . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . RESPONDENT

• . .. (Original Proeecutxr) •CHARGE: 1. House breaking c/s 294 (1) of the Penal Code Cap.16 of the Revised Laws. --

2. Stealing c/s 265 of the Penal Code Cap.16 of the Revised Laws.

• JTJDGEMENT KIMICH.A, J.— •The Appellant in thiscase was convicted ot' housebreaking and stealing and sentenced to three years' imprisor- ment for the housebreaking. and to one year6s imprisorment for the stealing; Sentences to run concurrently. The facts of the case as found by the trial court are as given in the District Court Judgement which is reproduced below for easy referenc. JtJDGEMENT The accused faceE two countn, one of housebreaking c/s 294 (1) of the Penal Code Cap.16, and stealing from
• the same house c/s 265 of the Penal Code Cap.16. The particulars of the offence ~ read that on 13/9/76 of 10.00 a.m., with intent to commit fellony, accused. Uliza .ilbdallah did break into a dwelling house property of Salum Yeo and stole some property from there; one national radio, a box having 14 pairs of khanga and cash shs.30/—. Accused did not plead guilty. For Republic, Safia dfo Ramad.hani, testified that on 13/9/76 at 10.00 a.ri, emerged from her house and saw

I accused coming out of the house of Salumu Yeo • tiaving a box in his hand with white bed sheet. When she did not recognize him and as the owners were at work he called 1'ilwizi and accused started running away, dropping what he had taken, i.e. box, radio, bed sheet and was caught by a ten- cell leader. She tendered the identified box as exhibit ' . J " and bed sheet was exhibited "B" while the radio was admitted as Exhibit " ' 1 in court. Lccused was said to be taken to Police Station IVIorogoxO. PW.2 Lbdallah. Maunga testified that at Mgonezeru Street, on 13/9/76 at 10.00 a.m. he was in his house when he had shouts of Mwizi, Mwizi. On getting out, he saw accused running towards him and by then he got hold of accused. He arrested accused and saw the box, radio and white bed sheet outside the house of Yeo. A report was made to Police Station and accused got arrested. Yeo P.W.3 testified that when he came up from work, he found, accused arrested having some property,. box, bed sheet and radio. He testified that the property were not his but for his wife who worked at TIT.P.0. P.VV,4 Mary Llex identified her clothes in court and they were admitted to be hers. The accused in this respect gave unsworn statement demAding that he did not steal or break into the building but was arrested. When proceeding to hospital at Saba Saba ground. He stated that he was beaten and ordered to pick the box, radio and bed sheet hence taken to police station Morogoro where he was charged of the offence. From the Republic's case P.W.1 Safia,saw accused coming from a house belonging to PW.3, Yeo, having a box in his hand which he dropped when shouted Mwizi, her evidence was accused was not a relative to Yeo. Yeo testified that the house was locked when he left for job, inside, the box and radio inclu- ding a bed sheet were stocked. The lock to the door was broken whereby accused emerged from. ,,

euu,iuA hoveci the case beyond reasonable doubt to find, the accused guilty of the charge. Accused convicted as charged. A. Mwakalobo D ITR ICT1VIAGISTRTE £fter reading the record and after considering the Appellants memorandum of appeal, I am satisfied that there was sufficient evidence before the lower court justifying the Appellant convic- tion. His appeal is therefore dismissed in its entirety. (r.P.K ¶icnviIca) JUDGE 21/12/77 Delivered in opeM P.K. is 30th day of December, 1977 (ICHA) JUDGE