Charles Masunga vs Republic (Criminal Appeal No. 183 of 1982) [1983] TZHC 260 (26 May 1983)

IN PN T -71 CCU':T O TAN' ..NI,\ AT T.'\PON \ APPELLATE 7TJRISI3ICTION HIGH COURT CRININL PPEAL NC0 183 OF 1982 oRIg:NAL CRINI.N•L CASTT NQ 38 OF 1982 OF THE DISTRICT COURT OF •MASUA DIsirRIc,T AT MASWA BEFORE MAGABE Esq. DISTRICT MAGISTRATE. CHARLES NASUNGA 000 000000000 000000000 APPELLANT (original accused) vs. THE JRFPULIC 0 0 .............. FSPONDENT CHIRGF Hous rc&cinc -nd sta1sng c/ss. 294(1) and 265 of the penal Code. JUDGMENT CHIPETAj':J. . The appellant, Charles Nesunqa and one Ndoje Hanyaya, were jointly charged with the offences of housebreaking and stealing, c/ss. 294(1) and 265 of the 0 'enel Code. 1 - isanja, wo was the first accused at the ,triai was. acquitted on both counts. aind was disq}ared. The app1lant •9 who wa...the second accused at the trial, was ac(,juitted on both counts, but under the povisions,;of sectjon 187(1) 'of the Criminal Procedure Code, he.was convicted ofeceivinq stolen property c/s 311 (1) of the pe, Code and was sntncd to thr.o years (3) imprison -mrInt. The prosecutior ; s ..avience was that the comp1ainat, FercinaDd Kaij age (P. 1):as aradiorapircr etNaswa. On 7.5.82th?. appellant called atP.LJo l's workshop to mepd a stove of the complainant. .i1e th .appal1an: was still in the complainant's. .wprkshop, a police . officer arrived there and arresbd the camplainant on a charge of murder. S As he trs.ted the 1Laat, - fled he1ietpq that ,hewould comebck later, the;ao.mp1ainant left tbe ape 1laht in the. wokGhop co*jinuing with .:his repaiwok a s. the aepeliant was also a.,r.adio rePairez ............turned out, the complaipant did not retUrh .toahis workshop that day be o was remanded in custody. ' It was not üntil..on"29t"4' 1982,ath:abews released, W en he went to.his workshOp.:that.day he; found.tbec door: u.nlockedo On anterinq. the wdrkshop, he discovdreda.tht three. radio -qnd a Record Player were rñissing therefrom He tben.wenteto pIice sttjon and .rqportod the raatter. That very day.,-,the complainant.:went to the appellant' s work-hOp and told him what had happened at his (complainant's workshop).. Without4n any 'way su.spectino;'the appellant, ::the complainant .aslced::the. : appe'liant if any one. bad:.brouqht... 'Re,coid Player or ' radio' of :he.t.ype :.sto1n from.the complainant's workshop whL. ti complainant was in custody. The appellant denied haing received any thing of the kind.. " But as fate would have it., the complainant saw a radio hidden under the appellaht's counter which the complainant easily identified to be one of the radios stolen from his workshop. when tb: complainant asked the -t _______ F -. ' •' ''' fl v - - IN

-3- appellant was 'not sornanifestly excessive as towarrant interfernce .y this Court It will., therefore, remain undisturbed. In fine, this appeal is hereby dismissed in its cntirety. /*' •/2 B. D CHIPET., Delivered in open ceurt at Kiqoma this 26th day of May, 19830 f0 T), CHIPflT, JUD(E0 --- - ,