IN THE HIGH COURT OF TANZANIA 
AT DAR ES SALAAM 
CRIMINAL SESSIONS CASE NO. 27 OF 2001

REPUBLIC 
VERSUS 
MWINGIA BAKARI

Date 8/2/2002 Coram:Luanda,J
Mr .Tangi State Attorney- For the Republic Mr Mfungamtama - For the Defence Present - Accused

Information is read over and explained to the accused person in his own Swahili language and required to plead thereto: True

Entered as a plea of guilty to the charge.

B.M.Luanda
JUDGE 8/2/2002

FACTS

The deceased one Said Rajabu stole Tshs 15 000/= and 20 litres of cooking Oil from the accused hut where he conduct business when this took place the accused was not around. He has gone to a mosque. He left his nephew one Mwingira Bakari.

On coming back the accused was informed. The accused traced the deceased. He managed to get him. He requested him to return his properties. The deceased refused. The accused started beating the deceased. He used brick, iron bar and stick. The deceased suffered head injury and lost conscious the deceased was then referred to Tumbi Hospital. The deceased passed away the body was examined cause of death according to the report was head injury. Sketch plan was drawn on 12/10/98.

I wish to tender as exhibit post mortem and sketch plan.

I thus took a brick and hit him 
I sent him to hospital

B.M.Luanda
JUDGE 
8/2/2002

Mr.Tanji: No previous record

JUDGE 
8/2/2002

Mr Mfungamtama: My lord I pray for leniency. First the accused is a first offender. Second, the deceased was the aggressor. Third, the accused was on self defence when been chased by the deceased. Furthermore the accused has been in remand since 1998 which is 3 years and 3 months. In addition he is an ulcer patient. These are hospital chits

The accused is a first offender. I have taken into account the nature of the offence and mitigating factors. I sentence the accused to 18 months imprisonment.

B.M.Luanda
JUDGE 
8/2/2002

I Certify this is a True Copy of the Original

					S.A. LILA
					DISTRICT REGISTRAR
					28/10/2005

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