KATINDA SIMBILA @ NG'WANINANA(App) Vs THE REPUBLIC(Res)The appellant, prior to his arraiqnment, was a resident of Utwigu village, in Nzega District, Tabora Region. On 18th October, 2002, in the afternoon, he went to one of that Village's local pombe shop to while away time drinking a locally brewed "pombe". He was in the company of Maganga Simbila, Kiwale Sayi, Mabula Heneriko (Kihio, l.) Dated the 22nd day of October, 2007 in Criminal Sessions Case No.3 of 2004 JUDGMENT OF THE COURT 14 & 17 JUNE, 2010 RUTAKANGWA, J.A.: (henceforth the deceased) and Wande Mihambo. At about 8.00 p.m. they all dispersed, but the appellant and Wande headed for the latter's home. The appellant did not stay long there and soon left for his home.