IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA AT NJOMBE ORIGINAL JURISDICTION (IRINGA REGISTRY) CRIMINAL SESSION CASE NO. 10 OF 2017 THE REPUBLIC VERSUS OKOA S/O NDWENYA....................ACCUSED 23/3 & 30/3/2021 JUDGMENT MATOGOLO, J. The accused person Okoa s/o Ndwenya stands charged with murder contrary to Section 196 of the Penal Code Cap. 16 R. E. 2002. It is alleged in the particulars of offence that on 19th day of March, 2016 at Imalilo village within Wanging'ombe District in Njombe Region the accused did murder one Keneth s/o Sanga. The accused pleaded not guilty to the charge. In order to prove the charge against the accused, the prosecution paraded a total of five witnesses namely Atupoka Mhagama (PW1), Julio s/o Page | 1 Ndwenya (PW2), Dr. Isack s/o Lulindi (PW3), Inspector Daudi. Mapunda (PW4) and H. 7708 D/C Godfrey (PW5). The evidence for the prosecution is to the following effect, PW1 one Atupoka Mhagama is married to one Julio s/o Ndwenya (PW2). They are living at Imalilo village. In 2016 they were also living in that village together with their son Okoa Ndwenya (accused) PW1 is the step mother to the accused as her real mother died in 2009. On 19/03/2016 in the morning at 07:00 am PW1 prepared breakfast so that they could take and go for shamba work. Upon going to nock at the room of the accused there was no response. She pushed open the door to find the room is stained with full of blood and accused was not there. PW1 followed her husband who had a meeting with business person at the business place. She informed him what she had observed. Her husband returned back home in the company of Deo Sanga, the hamlet chairman. Upon entering into the accused's room they found blood. They made following up to drops of blood which led to the latrine area where they saw human body covered with grasses. They thought it was Okoa Ndwenya (accused). They called at Makoga police station, the police went there and entered into the room where accused was sleeping and saw blood stains. They went at the place where the body was found. After the grasses were received it was discovered that it was not the body of Okoa Page | 2 Ndwenya. The deceased body was taken to the dispensary of Imalilo village and them to Kibena hospital. PW1 stated further that Okoa was not there and efforts to made follow up of his where about were made and he was arrested at Makambako on 20/03/2016. At 11.00 am Okoa was sent back to the village. While being cross-examined by the defence counsel, PW1 stated that after they have returned back home on 19/03/2016 during the night time she heard them talking as if they were drunk. PW1 knew that Okoa is a drunkard person. They did not even eat the food she had prepared for him. She said the person who was together with Okoa in his room is the deceased in this case, who had been at their home for four days before his death and was the friend of Okoa. The two have never quarreled or fought before. PW1 stated further that after be arrested and sent back to Imalilo village, she saw her in a state of intoxication and had bruises and swollen on her body. PW2 on his part narrated what he was told by PW1 as to what had happened at home. Upon going there and entered the room of Okoa he found full of blood stains in the room. He said he also saw blood stains outside and traces which led them to the latrine area where they saw grasses. Upon looking under them they saw human body. PW2 said he was shocked as he thought it Page | 3 was Okoa his son who was killed. They made phone call to the Ward Executive Officer and to the police at Makoga Police station, who upon arrival they removed the grasses. PW2 discover that was not Okoa. As there were many people there one Meshack Mahenge identified the deceased body to be of Keneth Sanga. PW2 and the police started to trace the accused and managed to arrest him at Kifumbe village Makambako at 14.00hrs on 20/03/2016 while sleeping in a certain house together with his friend on the same bed. PW2 said they found him in the state of intoxication as when asked he was not showing any fear. But his face was swollen and had bruises on his hands. He was arrested and sent to Mdandu police station. PW2 after saw the deceased body he remembered that he had friendship with his son Okoa. He was engaging himself in sawing timbers. But he could not know what happened between the two. While being cross-examined by the defence counsel, PW2 stated that accused was studying at Philip Mangula Secondary School but dropped while in form one as he has fallen sick. They treated him for one year after recover he refused to go back to school. He remained at home assisting his mother in cultivation. He stated further that the accused has never exhibited bad conduct before. He said he know Okoa is a drunkard and used return back home late in the night and in the room he was sleeping there Page | 4 were present a bed, a table, hoes, bush knife, slasher and a machete. He said few days before the incident the deceased has been together with Okoa. They were returning together and eating together and he has never witnessed them quarreling. PW3 on his part told this court that he is a medical doctor, in 2016 he was stationed at Kibena hospital Njombe. On 20/03/2016 he conducted postmortem examination to the deceased body who was at the mortuary. After postmortem examination he prepared a report which he tendered in court. The same was admitted as exhibit PI. In that report which he read its contents in court he was of the opinion that the cause of death was severe bleeding due to slaughtering as he observed a cut wound on the right part of the neck caused by sharp object. Insp. Daud Mapunda (PW4) on his part told this court that in 2016, he was the OCS of Makoga police station in Wang'ingombe district. On 19/03/2016, at 01:00pm PC Aristaric informed him that he has received a call from the Ward Executive Officer of Wangama ward who informed him that there was murder incident at Imalilo village. Shortly thereafter he received a phone call from one Yasinta the Ward executive officer of Wangama informing him on the murder incident and wanted him to go there early. PW4 asked her if the deceased is known, she agreed and told him that is the son of the village executive officer of Imalilo called Page | 5 Okoa. They left to the scene of crime at Imalilo village, they were shown the room where Okoa was sleeping. Upon entering they found the room with full of blood stains. But they also saw blood drops from the room leading to the latrine area where they saw a pit used for sawing timbers, which was filed with grasses, and branches of pine trees. Upon removing them they found a human body inside that pit. It was a dead body whose head was inserted in the sulphate bag but the legs remained outside. They took the body from the pit and from the sulphate bag. Upon seeing it Julio Ndwenya (PW2) said it was not his son Okoa. As there were many people there one identified the deceased body to of Keneth Sanga, the friend of Okoa and that they used to sleep together in the room of Okoa. While there, PW4 said Julio Ndwenya received a phone call informing him that his son Okoa was seen boarding a Noah motor vehicle from Imalilo village to Njombe. The police together with PW2 started to trace him and managed to arrest him at Kifumbe village at 04:00 hours while sleeping with his friend on one bed. He said PW2 asked Okoa if he know Julio, he agreed that is his father. PW4 introduced himself to him. They told him that he had killed his friend one Keneth Sanga. Accused admitted but he told him that he did not know why. But he said while in the room together with Keneth Sanga the latter picked a knife and told Okoa to get out of his room. He took a machete and cut him. They left with him back to Imalilo village. PW4 stated further that the accused cooperated and on the way he was talking with him friendly who told him that the reason for Page | 6 killing the deceased is that Keneth Sanga, his friend he was running with his girlfriend a barmaid. PW4 said they went with the accused to Mdandu police station and handed him to the OCCID of Wanging'ombe District ASP Deo Nyinyimbe. It was at 08:00 am. PC Godfrey was assigned to record the accused statement. PW4 left together with the OCICD to the scene of crime together with Okoa. PW4 said, for the first time Okoa had told him that he had damped the machete in the pit latrine. But upon arrival at the latrine accused changed and told them that he had put the machete under the bed, which was recovered there from.