Jumanne s/o Mohamedi and another v. R., Crim. Sass. 217-M-71, 1/3/72, El-Kindy, J.

 

Jumanne s/o Mohamedi and another v. R., Crim. Sass. 217-M-71, 1/3/72, El-Kindy, J.

The accused were charged with murder c/s 196 of the Penal Code. Evidence was given of a confession made to a TANU Youth Leader and of a statement made by the deceased in hospital to a Police Officer after the assault on him and five days before he died.

Held: (1) “Having examined the constitution of the TANU Youth League produced to this Court by the District Secretary of the TANU Youth League, I am satisfied that members of the TANU Youth League do not have powers of arrest nor are they supposed to act as police officers. In the circumstances I find that they have powers of arrest similar to those of ordinary citizens and therefore a confession to them would be admissible in law”. (2) “A dying declaration needs material corroboration as a matter of practice and not as a matter of law. In my view, although I do not find that there is any need of corroboration, I find corroboration in the evidence of Saudi Mkumbi. Some corroboration is also found in the fact that the deceased was found 5 paces from the house of the accused …….. Repetition to other witnesses is evidence of consistency only but re-in forces the dying declaration”. (3) The evidence, however does not establish either murder or manslaughter. Accused convicted of common assault and sentenced to one year a piece.