Republic vs Angulile Asajile and 2 Others (Criminal Session Case No. 23 of 1995) [1999] TZHC 482 (26 May 1999)

, ,/ IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY AT DAR ES SALAAI'-i . --- .•••• _______ --- ----- 0 -.1JR:IGil~AL JURISDICTION CRilv1INAL SESSION CASE N0.23 · OF 1995 REPUBLIC .• Versus

1. 'ANGULILE ASAJILE
2. AiV1QN LUHIDA Accused -Respondent
3. ANTHOY KICHO 2l,/5/99 Coran1: Bubeshi, J: For Republic - Kamugisha State Attorney For Defence - rv,r. Chuwa CC: Msumi Accused - present. ' Kamugisha - Madam Judge - the Republic- prayes to enter Nolle against 1st accused. anf 3rd accused •. Chuwa: IV.ta.dam Judge - we wish to offer a Plea of guilty t0AccU;f the lesser charge ,of manslaughter ,in respect of 2nd,' ,· Kamugisha - Madam Judge we accept th plea of guilty to manslaughter in res Peet of _2nd accused. Order: In view of the prayer by the Republic to enter nolle prosequi against the 1st accused Angulile Asajile and 3rd accused Anthony Kicho. The two accused persons named above are hereby discharged unless othe~wise lawfuliy held. 2nd accused: Charge of manslaughter read over to him Accused Pleads: It is true. FACTS:- on 4/2/93, at I am at lV1ikocheni 1 A', in Dar es Salaau,, there arose a aquarrel · between the accused and the deceased, amongst other youths. While from drinking pombe, the accused met with that group ·who attacked him. The accused started to attack them while calling for help from neighbours. The

·) 2 then group/dispersed and ran away. Later the deceased came along while asking for help and was saved by su ngusungu. The accused wa.s arrested by the Police when he was found, with his clothes blood stainedo He made an extra judicial statement and agreed quarrelling with that group including the deceased. fostmortem Report showed that death was due to the injury on the forehead. Mr. Chuwa:- iadam Judge we agree to the facts as narrated. Court: After hearing the facts as narrated and which fcts have been agreed to by the accused. Ani upon hearing the accused own Plea to the lesser effence of manslaughter, this court convicts the accused perso~ of the offence of manslaughter c/s 195 of the Penal Code. Previous offe.nce ... This is the accused 1st cffence Madam Judge we ask for appropriate sentence as the court will deem fit Mr, Chuwa: - The act that resulted into deeeased death happened at night. The accused was assaulted by a group of youths including the deceased. He was acting in self defence. He has been in custody for 7 years alre:9-dy. He is suffering from stomache for 2 years now. He is suffering from ulers. S E N T. E N C _,i. '.: 5 · It may be true that the accused: was actiilg in self defence but all the same some precious life has·:··been lost as a result of the accuseds-at. ·• :.:~ ·•y.. I have taken into consideration all that has been stated -by the Republic as well as the defepce, in particular / the·' runiber:·of years the accused has already spent in custody. , . . / .~ The cour,t therefore sentences the accused to an imprison j ,1,,- Cl (, (j I J_A._J~ (l_j~ A.G. BUBESHI ,ZUDGE 26/5/99

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