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The appellant, Baraka slo Jailo Mwandembo and one Zuberi slo Jailo
Mwila were arraigned before the High Court of Tanzania at Mbeya for the
offence of murder cIs 196 of the Penal Code, Cap 16 R.E. 2002. The
prosecution had alleged that on 21st January, 2010 at Bulyaga village,
Tukuyu District, Mbeya Region, they had jointly murdered Ester oto Saulo,
a child five years of age. Following a trial, the High Court (Karua, J.)
acquitted the appellant of the offence of murder, cls 196 of the Penal
Code, substituted it with a conviction for the offence of manslaughter contrary to section
195 of the Penal Code and sentenced him to a term of thirty-five years
imprisonment. It acquitted his co-accused. |
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