Republic vs Morris Bartazar Simfukwe (Criminal Session Case No. 29 of 1998) [1998] TZHC 2476 (12 August 1998)

IN THE HIGH COURT OF TANZANIA AT MBEYA ORIGINAL JURISDicpoN MBEYA REGISTRY CRiliIII:IAL SESSION CASE NO. 29 OF 1998 THE REPUBLIC VERSUS MOR:tS BARTAZAR SiliIFUKWE Corar.:: Hono B.P. Moshi, Judge. :for.tiJublic: Mro Boniface, learned State Attorney. ?or 1-::cused: Mr. Mkumbe, learned Advocate. 1'.ccuned person: He is present under custody. Int/-·:etefi · Mr. George, English into Kiswahili and vice_-versao 1fotice of trial on information for Manslaughter contrary to section 195 oft~; ::::>enal Code was duly served on the accused now before this court on 2o8c '.:'. · Information is read over and explained to the accused in his own langtr3.ge who pleads: nit is true. It was badluck.n I:ntc:r:::d as a plea of guilty to the charg-e. FACTS Sgd: B.P. MOSHI JUDGE. 12.8.980 Mr. Boniface: .,...,_.--.~~.--- My lord the accused and deceased were husband and wife. On 17 o 7 ~ 94 afternoon the accused was ·at a porn be shop selling porn be. His wife and mother of accused were at. the pombe shop drinking pombe. At abor.,; 6.00- pm one Agilipina d/o·-Antoni summoned the mother outside the pombe she " She was told that the wife of the accused was in critical condition. She -.-,ent there and asked the decea~ed what was wrong. The deceased replied that the accused had kicked her at the stomach. They carried the deceased ho;'.:'" where she died shortly thereafter. In his caut'ioned statement the accused· co1:h,ssed to have kicked the deceased at her stomach because she had refused to -~ook food., oo_eoo1oe/ 2

• 2 - Cause of death according to this Post-mortem examination report (holding it) was shoc;k .and internal bleeding. I tender it in court (no objection, tendered, marked Ext P 1 ). Shotly after the incident the accused ran to the house of his brother at Tentela village. He was however arrested;there the ' . following dayo The asSg,u1t· took place outside the pombe shopo The accused was then chargedo Court: Upon the accused being asked whether he _admits the facts he replies: VIAll the facts are correcto I admit them all. 11 FINDINGo On the facts of the .. case as presented by. the learned state attorney, and ' upon the admission of their correctness by the accused, I find the accused guilty of the Offence of Manslaughter, contrary to section 195 of the Penal I, Code as charged, and accordingly convict him. RECORD !::!!'Bo_p.if My lord, no known previous recordo !4i tiga tion Mr.! Mkumb: My lord we pray for leniency. The accused has been in remand . custody for four yearso He has. dependants four. children. He has pleaded guilty and regrets for whtt t he did. We were drunk. She refused to return home to cook. Sentence The accused was a drunken killer. The society abhors· excessive consump- tion of pombe which often times lead to tragic results like the one under 0 •• 0 ./ 3

~ considerationo There arei however, matters which crave for leniency raised by Mr. Mkumbe in mitigation and by the accused himselfo I sentence the accused to four (4) years imprisonment. a..::_·····---,'-., .---/ .\ / -~~-~:~~i>f i-,.-----# -:_ _______ ) B.P. MOSHI JULGE. Court l.ppeal rights against sentence. explained. AT MBEYA. 12 August 1998. For Accused: Mr. Mkumbe.

B.P. MOSHI ,JUDGE.