Republic vs Eva Kabuje and Another (Criminal Sessions Case No. 30 of 1998) [1999] TZHC 441 (26 May 1999)

CRIIHFAL SESSION CASE NO~ JO OF 1998 REru:BLI~. VERSUS 1., EVAKABUJE 2o ERNESl1 KAI3JDE Date g Coram: Eon. H" R. Nsekela, J. Fo:r:,iJFublic g -- For Accused 2 1"tr. Boniface - Learned State Attorney. J\1rl }Iwakolo - Learned Advocate. .. . ,,~ · 1 iit Accuaed Perso1H I 2ncl Aocnsed Persong Pres'en·i; under custody. Reported dead. Intierpreterg Versao Hrs~ ·seme/Mrs.-, Ka.subri E-t1glish into Kiswahili arid vice No·tice of trial ,on In:.:ormation for Manslaugt·cer c/s 195 of tho Penal Code, ,- .... \ :., , was duly served on -he accused person on 14.5.,1999, now before ·chiG Court • . Informa"Gion is I'ead over and explaind to t.he accused person on the languag,e known to ].:.er 'who plea.ds &:_ ,, Mr,. Bonifaceg '.!. 1 he 2nd, accused Ernest Kalr.ende is· dead and t:1u3 - - I pray tha tl1e case should proceed aga:inst the ·1st accused only• Order&· I have see1:i. on the record tha-/:i ·i;b.e 2nd accused Ernes-~ Kakende die.d on the 21 8,.95 as evidenced-by .the death certificat dated 5,9.95~ So ·the case against him. ha-s .abated and the case will proceed agcd.ns-'li ·tj;ie 1 s-!i. accused Eva Fah.2j0. It is so· Oidered"' • .: !, .· ,., • ··. ;. ·:. :'. ~ : ' I : : ·. \ ) - . .,., .. c:·: .. \ II,. R •. , NSElLA JLTDGE· 26/5/1999 I . .' ,::· ,,.:_

2 - Plea of 1st accusedg Entered as a plea of guilty to the cha.re of nianslaughter. H. Ro NSEKELA JtJDGE 26/5/1999 •'l1. :.' 1 ·, Mr. Bon if ace: l1he accused and the deceased were residencs of Mlowo Village in Mbozi District. l1he accused was a concubine of the deceased but after sometime they parted company •. On the 24e8o94 at night the accused and the deceased met at a pombe shop where they d±a.nk some pombeo l1he deceased requested the accused to go togeJcher to her home to make love· but the accused refused because her some had come from I1TJKIJYUe. that they must leave together and a fight ensued at the l1he deceased insisted pombe,.shopo )he accused left for her home ar,i.d the deceased followed here rh.e deceased insist{'. ·' ' on entering the accused I s house but the accused refused to allow him as a .. result of which a fight ensvd againo At midnight, one Box Mwandasila heard a cry coming from the accused's house that nr am dying"• Mwandasila. _:went ·., to the scene of the incident and found ·the deceased lying on te ground and I unconscious. l'he deceased was taken to a police station and subsequently to a hospital where, he died on the 28th August, 1994• · . According to the medical report the cause _,.,f death was intercranial haemorrhage. I pra_y to tender ito Mr. Mwakolo ~ No objection. Court g Admitted and marked eY.ho P1 e Mro Boniface g In her caution statement and extra-judicial sta.tement the accused admitted to have fought with the deceased and was chaxged accordingly i1hat is all. Jiccusedg I accept that the facts are c111rrect 0 Court g rhe accused is hereby convicted of manslaughter on her own plea of 1 guilty. ' '· · .. I. ,.. Ha R., 'NSEKE:LA JUDGE. 26/5/1999

-3-- :trJ.r. Boniface: I have no record of previous convictions. . J.v!r. Mwakolo: In sentencing the accused, I pray that the Court should take into account that the accused is a first offender and ha.s readily pleaded guilty to the offence., She has been in remand for about four years and nine months, She is currently 55 years old and ha.s Very old parents who are depend!;.:nt on her11 ;rhe -0iJ:tcumsta.nces show that the deceased was largely to blame for ,starting all this fight• .fuat is all• §J_N 1 l1 E if c ·:e:· I agree that the g,eceased wa.s largely, if not compltly t:o- l>~ ~ the fight between the accused al1d tl:i.e deceased. Even as~ t.b,a.:&i- itw- accused was prerious,J.y - c™b the~ .had al reag~ ~ -/ ,,. - . relationship. l1here was no need fo:r the de.ceased to insi.&i '1, g¢ng :f :,· f,' the accused's house for 1 ove making with out her. Qonsent ~ l1akiJ:i& · μi:J:f-, ... ;'.. ' , • 'f_. ,, account all the mitigating circumstances;" L.do he:r(;lby' -B&1,tenc.e the accused ~h ~ ' ' to a eonditioria.'.!-:disclla.rge.1:der Sect.ion 38 (1 ~ of ·the .Pal-•- ~~ soould· not commit all. -aU~ a. P(i~-Of tw.eμ,-~ months. ,i. / ,, ;h<1 ,-, .. ·.v ~- c,/ n. n..:. ~.A JUDGE

26/5/1m. .. ., ' ;Ii'..

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