Republic vs Bupe B/O Sambo (Criminal Session Case No. 33 of 1997) [1999] TZHC 474 (26 March 1999)

26/3/99 ,. IN THE HIGH COURT OF TANZANIA b,T MBEYA ORIGINAL JURISDICTION (MBEYA REGISTRY) CRIMINAL SESSION CASE NUMBER Jj.· .oP1 1997 THE HEPUBLI C VERSUS BlJPE B/O SAMBO PROCEEDINGS Coramt Hon. EM..K. Rutakangwa, J. For Republic - Mr, Mulokozi, learned State Att·omey For Accused - , Mr.·· Ml<:umbe, . learned Advocate . Aocused person - She is present ir:. under cμstody . ,, ' Interpreter: Mr. Mwaksa - Englicfil into kiswahili .and Yi..oe veri=- ,, Notice of-trial on information for Murder c/s 196 df the Penal Code was duly served on the accused lii.).WbGfore this court on 26.399 Information is re·ad over and explained to the accused ~in; her own language who pleads: ' •. Accused: I. 0 It __ is not true that I killed him intentionally It was by bad luck 0 • Court: Entered as a plea of Not guilty • . E.M.K. RUT.AK.ANGWA JUDGE 26.3,99 Mr. Mkum~~~= My Lord, the accused is offering a plea of guilty to .the lesser offence of manslaughter. !!:• Mul<?E.9zi: My Lord, the Republic is accepting t·he -plea to +" manslaughter.

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E. M. K. RUTAl{GWA- . . .. ~ . JUDGE 263.99

Cou.r.t: Entered as "a ·p:lea.-. of guilty to the· lesser offence of manslagh.ter c/s 195 of the Penal Code. ,. E. M;K~- RUTAK.ANGWA JUDGE F A C T S •: . . , My Lord, the homicide occured on ,23.41997 at Ibungila Village, Rw.1gwe·District lVIbeya Region. ,. "'· The accused, Bupe Sambo and .h.er cous·in Thadei Julius were residing at Ibungila village together with the .grandmother one Victoria Njisye.: .· o;,. the fateful day, Thadei and his friend, one Lugano Stephen went to have a drink at the home of. one

audi ·Mpuguso. ·-rt was in the evening. The aceμsed was there too. At around 8~00 p.m. the accused and Thadei left ~-or home ~n the comp_any of Lugano. they all -went to the __ .home of Victoria .. . . . The said Vic~oria prepared for them- a banana meal, locally known to the said food as 0 mbalagan~ while the Thadei and Lugano partook ' eat · accused decided_ toLthe left overs of Thadei • s lunct>:. which wa.s ugali. for Thadei did not JjJre mbalaga. He then askedLhis ugali. The accused told him, mockingly, that he had no voice in the house as he was contributing nothing for food~ A qrrel . , ensued between the two. · The 'accused threatened to fnish off/ eliminate Thadei as he was boastful. DU.ring the course of tho quarrel, the accused. entered a room and came out with a knife ·. •,, •.• /3 •

3 wanting to attack Thadei. Lugano intervened~ He got hold of thr accused wanting to disarm her and in the process L,,igano got cut by the knife~ He (Lugario) began· to 'b13ed profusely. The accused picked up the knife which had dropped down during the course of the scuff le• While all this was going on the deceased Kennedy Steven, the brother of Lugano~ arrived~ ' The deceased began to question the accused as tp why she had injured · -.Lu.&d!J..O and how was she going to compensate him for t.:.~ lost blood. The accused then stabbed the deceased on. the right .ribs just belowe the breast. The deceased fell down. Then Lu_gano and 1 embarked on looking for transport to rush Kennedy to hospital: Kennedy died on the way to hospital. The cause of death as shown on the Report on Post Mortem Examination was.intra- abdominal haemorrhage (shock). I pray to tender this Report as exhibit Mr. Mkumb~) We have no objection my Lord. Court: Accepts the said Report dated 24/4/1997 adn Exhibit p;1; , Mr. Muloko~: Thereafter the ace.used was arrested and charged accordingly. Accus~: E.M.K. RUTAKANGWA JUDGE 26.3.99 I I admit. the atated facts to be correct. •, ' E.M.K. RUT.AK.ANGWA JUDGE 26~-3~ 99 Court: Accused is ac.qui tted of the charge of murder and is hereby convicted of the offence. of mansla-gghter 6/s 195 of the -Penal Code following her own plea 1. ~ .• /4

. . ' . . . \ i:. . . " . . , ..... \I, Mr.' MulokQJ.if:

E.M:K. RtrTAKANGWA JUDGE. ·..-·.• 26.3.99 My Lord, the accused is a lst"'o'ffender.1'3-'t the court impose a sentence which will mee·t the: justide · of this case.ihat is all. WJ. ti ga ti...2.-n : E.M.K~ RUTAKANGWA JUDGE 26.,3.99 Mr. Mkum~_: My Lord, we are praying for leniency' for the following reasons: a) She has·been in remand for nearly two years. b) The accused has two children, aged 4 and 7 years re~·pectively who are now being looked after by Victoria: c) The accused is truly rep_entant for what she d.itt;. whiqh she ·, ";·-; . never intended and which led to the death of his relative. This was indeed a familt. q~a1;,';rel. d) The accused is a 1st offender. That is all. E .M.K. RUTAKANGWA JUDGE 26.3.99 SENTENCE ... · Having ·gard. to the ,source of the quarrel (and the drinking wich had preceded it) among .thes .~latives and the facts that 0 •, • • ,,. , .. • l '• •.• /5

5 the accused is a 1st offender who has shown remorse for her fatal act by instantly pleading guilty, the accused deserves leniency~ On top of that the acaused has been in remand for nearly 2 years. All these facts considered I sentence the accused to three (3) u.years imprisonment. AT MBEYA