HENIBO SAMWELI
BAHATI MWASHANILA(App)
Vs
THE REPUBLIC(Res)
The co - appellants namely:-
Henibo Samweli (aced No.2 at the trial)
and
Bahati Mwashanila (aced No. 1 at the trial)
1
were charged with the offence of armed robbery cls 285 and 286 of the
Penal Code, Cap. 16 R.E. 2002. The prosecution alleged that on the 2ih
June, 2006 at 09:30 hours at Ndanga sub-village of Mbuyuni Village within
Chunya District in Mbeya Region, the co - appellants stole Tsh. 960,000/=
the property of Edina Mwenda and Amina John, and at the time of stealing,
the appellants threatened the victims with a gun in order to retain the
stolen money. Either appellant pleaded not guilty to the charge. The
District Court convicted the appellants and sentenced them to 30 years
imprisonment. Their first appeal to the High Court was unsuccessful. Hence
the present second appeal.