Rashidi s/o Mbogo vs Republic (High Court Criminal Appeal No, 449 of 1972) [1973] TZHC 154 (2 April 1973)

IN THE HIGH COURT OF TANZANIA AT ARUS. APPELLATE JURISDICTION HIGH COURT CRIMINAL APPEAL NO, 449 OF 1972 (Original Criminal Case No. 399 of 1972 of the District Court of Pare District at Same: Before C. H. Msamati, Esq., District Magistrate). HASHIDI s/o NBOGO ..................................... APPELLANT (Original Accused). vs. THEREPUBLIC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RESPONDENT (Origin1 Prosecutor) CHARGE: Unlawful wounding c/s 228/ (i) of the Penal Code. JIJDGEMENT. PATEL J:, - Appellant was convicted of "Unlawful Wounding" and sentenced to fifteen months imprisonment. He now appeals against both conviction and sentence. In his memorandum of appeal he denies having inflicted injuries on the complainant who he says told the doctor in the hospital that he injuired himself. Learned State Attorney conceded that there are many unsatisfactory features of the case and Republic did not support conviction. ui&g through the record it can be seen that there are many unsatisfactory aspects of the case and evidence is confusing. There does not seem to be any motive for the alleged attack and story of the defence was not considered by trial magistrate. The fact that the complainant told the medical assistant that ' he had injured himself was very pertinent and trial magistrate did not concider as seriously as he should have. From evidence as is , on record it cannot be held that prosecution proved the case beyond all reasonable doubts and it would be most unsafe to allow this conviction to stand. For these reasons this appeal is allowed. Conviction is quashed and sentence is set aside. It is ordered that the appellant be set free forthwith unless otherwise legally held. J. B. PATL'L JUDGE. 2/4/1973.