Sisya, J.: The accused appeared before the learned Principal District F Magistrate, Pangani, and pleaded not guilty to three counts of doing grievous harm contrary to section 225 of the Penal Code. After a full trial the learned Principal District Magistrate held that since the three complainants in each count were injured in the same assault the accused ought to have been charged with a single count and not three. He therefore, entered a verdict on only one count. G
With respect, this was wrong. Although, indeed, the evidence shows that the injuries were inflicted by the accused on the complainants in the same assault each impact on every one of the complainants was, however, in law, a separate and distinct assault or offence. The same could not, therefore, properly be charged in a single count. H
In this judgment the learned Principal District Magistrate found that the established facts proved the offence of unlawful wounding and not grievous harm. This, I hold, is correct in respect of all the three complainants. The nature of injuries sustained by the I complainants did not amount to grievous harm as defined by the law. As aforesaid the learned Principal District Magistrate then entered a single conviction under
section 228 of the Penal Code in count one and proceeded to pass a single sentence A thereon. This was wrong. In exercise of my powers in revision and, on my evaluation of the evidence, I find the accused guilty not as charged but guilty of unlawful wounding contrary to section 228 of the Penal Code in counts two and three and I convict him accordingly.
Regarding sentence, the accused was sentenced to three months imprisonment in count B 1. I also sentence him to three months imprisonment in Counts two and three. Sentences on count 1, 2 and 3 to ran concurrently.
C Order accordingly
D