Republic vs Michael Karideyo and Another (Criminal Session Case No. 74 of 1988) [1990] TZHC 585 (26 September 1990)

"--· . :· f:, ... t,;.:, :j:t-.: IN THE HIGH COURT OF T,lliZ.001. ·-. . -- '\ ii. T 1.RUSHA. ORI(;IN1\L JURISDICTION (1.RUSHA REGISTRY ) . :• . '· CRIMIN:,L SESSION CAS NO.. 74 OF 1988 '· E.N. MUNU0 1 J. f; THE REPUBLIC Versus l •... ~ICHAEL IC-JU DEYO 2.. EZEKIEL SHEONEI. JUD GM EN T •. The two accused persons.anely:- ....... f. ... _ ll.ccused No. 1 Michael Karideyo and Accused ,No. 2 Ezekiei S1eonei, are char·ged ;i th nurder c,is 196: :of th penl Code. It is_ Zllleged thci.t · on the 22.11.87 at Kisangiro Village in NBorongo:C.o ·.District within ./l.rusha ~ . R gion, both accused jointly murM"i·ecl one Jariba Baraga. 0 · One -Mjiini · Baraga, the brother of the late Jariba :$arago Testified as P.W.1' to the effect that on the □ ateria.lday, the 22.11.07, the deceased and hinself -Were seated . outside.· their house ·while their mother p Ow. 2 Bosi 1 da Kasuku was in the house. Meanwhilo both accused persons passed 'by '.and abused· the two brothers causing· their mother to come out of the house. :A fight broke when Ac·cuse·d No.· '1 Michael ·Ka:~ideyo asulted the dec·eased with a stick on the ribs. Accused No. 2 picked a stone_· and hurled it at the de.ceased thereby hitting hi.ii and c~~sing him to collapse. two accused persons ran away from the Thereafter thecene. The deceased died upon arrival at Digodigo hospital shortly-after the assault Subsequently the two accused persons were arr- ested and charged with the present offence. There is no dispute that per the postmortem exaiuinat'icin report Exhibit Pl the deceased' died from severe hti.~raorrhage in the heart and · lunes of the deceased co.used by -the · · crushing in of the fractured ribs. •·• ... . /2 ··' •" \ ' I " • • ~ '· ~-t .

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• 2 Hence there is also no dispute that the late Jariba Barago died unnaturally on the 22.11.07 at Kisangiro Village in Ngorongoro District within Arusha Region~ Jariba Barago has since died. He is no longer aliveQ The , eye witnesses P. W. 1 and P. W. 2, the brother and r.10the_r of the deceased respectively deposed that both accused perdons jointly assaulted the deceased thereby causin 6 his geath. Accused No. 1 categorically denied the Killing sayng that he arrived at the scene of crime and found accused No. 2 had already fought with the deceased and the later had already collapsed. ccused No. 2 admits that he killed the deceased but insists that he kiii·d in. ·self defence after the . .deceased had. beat him with a stick thrice following a raisunderstandi_rc ovr their exi:,Ulsion , . fron the youth .festivities at the villc:i..ge~ >Accused No. 2 pleads that he killed accidentally. Two issues w-ere framed in this .. case; ( 1) whethe,:-:· the :first' 11.ccused Michael Kal'.'deyo killed the deceased; (2) If so, whether both accused per.:;lons killed the .deceased with nalice aforetrught~,. . ... : The three assessors who assisted the court in the trial expressed the view that both accused killed the deceased with Balice aforethought bechus~ per the testioonies of the two eye witnesse·s~ P.W.1 and P.W.29 . ,• both accused invaded and fatally assaulted the deceased at his ho@e by " assaulting hir.i with a s'fick and a storie. The assessors .did.not find the defence of either·accU:sedprobable·owing to the testimonies of the eye witnesses that the deceas(:;d did hot attend the youth festi vi ti.es at his village on the m:1:teriXl day.--, I agree with the opinion of the three· assessors .. The two accused persons attacked the deceased at his hone upon s2eing him seated outside · .. , his house with his brother Mjii_ni Barago 9 P.w.t. In that aggressive and uncalled for assaul t 9 ,"iccused No •. 1 Michael Karidayo beat the deceased with a stick on the ribs while Accused No. 2 Ezekiel Seonai hit the deceased with a stone thmreby killing him. The defence relating to the deceased having assaulted Accused No. 2 following a quarrell in a youth festival in their village is c~n999t~~ because P.W.2 and P.W.1 asserted .. -• : : : . - .. /3

3 .:. that the deceased and P.W.1 did not attend the youth festivities on the □aterial day becaused the two brothers were engaged in f:i.ro work. The defence of either accused is therefore not probable in the circur.1stances. Accused No. 1 Michael Karideyo .. was .. the first to assault the deceased by beating him with a stick on the ribs so the reply to issue one is in the affirrrutive. Accused No. 1 used a stick for the assault while Accused No. 2 Ezekiel Seonei used a stone so both accused persons jointly killed the deceased with malice aforethought after invading the. deceased's home and beating hi~ up until. he colla~seQ.The killing was in cold blood and intentional. Accordingly both accused persons are guilty and convicted of the □ urder charged. · It is so ordered.·: E.N. MUNqO; JUDGE. 26/9/1990. At Arusha: 26/9/90. Accused personsg in person. For Accused persong. Mr. Sang'ka for. For Republic: Mr. Lundu. Assessors: all 3 present •. c/c: Blanca. SENTENCE: E.N. MUNUO, JUDGE. 26/9/1990. .. · Under section 26(1) of 'the P.ena1·code, Accused No. 1 Michael Karideyo and Accused No. 2 Ezekiel Seon'ei are sentenced to death_. They sbaJ ~ suffer death by hangingo •·• • • • • • o/4

It -is so ordere¢1.-, · E.N~ MUNUO, JUDGE. 26/9/ 1990~ ·Assessors· Thanked and discharged. ENM/mm. MUNUO", JUDGE. 26/9/1990.