Daudi Mjanya & Another vs Republic (Criminal Appeal No. 68 of 1998) [1999] TZHC 326 (11 May 1999)

IN 'fHE dIGH COUH'l' OF T.fu"ilZiANIA AT MBE:YA. CRIMINAL APPEAL NO. 68 OF 1998 C/F 69 OF 1998 (From Original Criminal Case No. 46 OF 1998 of Mbozi District Court at Vwawa Before: J.L. Lupenza - Senior District Magistrate) 2. DAUDI MJ.A:"½ANYE ) ROBERT I(IBONA ) ) oooewooooooo Versus THE REPUBLIC .->O.lQ00000:.>0000YCJ3000 JUDGEMENT APPELLtU\J'rS :RESPONDENT This is a useless appeal in which the 2nd aIJpellant Robert Kibona was found studing at the scene of the burglary and stealing in Mlowo at night where 40 bags of beai."'18 were stolen. He escaped on seing PW4 Pastor Lusanjo s/o Minga who was coming from Church prayers on Easter. The Motor vehicle used for the stealing the was also seen there with the 1st cppellant wi.10 was :_ first accused. The 2nd accused too who is the first Appellant was found with the stolen beans on the next day in Uyole Market being sold with the same. M/V. No doubt the same stolen bags of beans were found with himo '."(ne witnesses who testified over the prosecution were credible as presented by the learned 1v1r. Mulolrnzi (State Attorney). This appeal is useless. It is dismissed for the sentence of 5 years was quite appropriate. (Sgd.) JUDGE. <;.-., ... .....,. ... - .... ;:. .. 11/5/99. DIGl'RICI' REGISTRAR.