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IN THE HIGH COURT OF TANZANIA AT SINGIDA ECONOMIC CRIMES JURISDICTION (DODOMA REGISTRY) ECONOMIC CRIMES CASE No. 8 OF 1987 THE REPUBLIC Versus 1. KARAGHA RUSUNGU 2. ATULI YAIGO JUDGEMENT SAmAttA, J.: The two accused in this case stand charged with cattle theft, contrary to section 59(2) of the Economic and Organized Crime Control Act, hereinafter referred to as the Act, and paragraph 12(1) and (3) of the First Schedule to the Act, it being alleged by the Director of Public Prosecutions that the accused, to quote the particulars of offence, “on or about the 27th day of January, 1985, at Makunda village within the district of Iramba, in Singida Region, did steal 145 head of cattle valued at Tshs. 145,000/= and 17 goats valued at Tshs. 17,000/= the property of SHABANI NTANDU, YOHANA NGONYA, DUDU WAWA AND MICHAEL NZALI”. Both accused pleaded not guilty to the charge. The area in dispute in this case is fairly narrow. The following matters are not disputed: 1. That on 27/1/85, at Makunda village, Iramba District, 145 head of cattle and 17 goats belonging to the complainant, Shabani Ntandu, Yohana Ngonya, Dudu Wawa and Michael Nzali, were stolen. 2. That the total value of the said 145 head of cattle and 17 goats is Tshs. 162,000/=. 3. That the accused persons were arrested by villagers in connection with the theft. In terms of section 34(3) of the Act, all these three facts are deemed to have been duly proved. The principal question before us is whether the accused persons or either of them took part in the theft, and, if not, whether the accused persons 58 RULE OF LAW VERSUS RULERS OF LAW are guilty of any other offence. The prosecution called eight witnesses. The First Accused gave evidence on oath and his co-accused gave evidence without taking the oath. Neither accused called any witness. It is not disputed that on the afternoon on 27/1/85, while they were grazing 145 head of cattle and 17 goats in the wilderness, Michael Nzali and Julius Nehemia were robbed of those animals by a group of about six men who, according to the latter man, did not include the Second Accused. The two men raised an alarm to which many villagers responded. On that day the people searched for the stolen animals but in vain. On the following day a group of people which included Michael Nzali and Julius Nehemia followed spoor and found themselves at a place in the wilderness where there was a temporary home. Both Michael Nzali and Julius Nehemia told this Court that they saw the Second Accused there together with three young men. There was a kraal at the premises. On searching the beasts in the kraal, the search-party identified six head of cattle and 17 goats. These were some of the animals which had been stolen on the previous day. The Second Accused told the search-party that the animals arrived there on the previous night. The search-party arrested the Second Accused and the three young men and escorted them to Ndago Primary Court, taking with them the recovered beasts. The evidence implicating the 1st accused with the theft of the 145 head of cattle and 17 goats was given by Athumani Mkoma and Emmanuel Mwiru. The former told this Court that on 27/1/85 at about 9.00 p.m. his herd of cattle made some unusual noise in the kraal. He got out and noticed some strange cattle in a shamba near his house. The cattle were being driven by a group of four men. The witness went to seek the help of his son-in-law, Emmanuel Mwiru, who also happens to be the village secretary. On coming back, the witness asked his wife to sound an alarm after he had hidden himself in a cassava shamba. The wife did so and many people responded to the alarm. On hearing the alarm, the four persons who had been driving cattle abandoned the animals and took to their heels. According to Athumani Mkoma, the First Accused was one of the four men. The witness told the Court that on hearing the alarm, the First Accused threw away his bow and arrows and, like his companions, took to his heels. Unlike his companions, the First Accused was not very lucky. He tripped over a ridge and fell down and the villagers immediately apprehended him. They...

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