R. v. Abel s/o Mtiana. Crim. Sass. 57-Dodoma-68, 24/9/68, Duff J.

R. v. Abel s/o Mtiana. Crim. Sass. 57-Dodoma-68, 24/9/68, Duff J.

The accused was charged with written threats to murder c/s 214, Penal Code. the accused is a married man employed by the Ministry of Health, his work entailing a good deal of travel away from home. On one of his journies it is believed that his wife committed adultery with complainant in consequence of which she conceived, a miscarriage, however ensuing. The wife confessed to her husband and named the complainant as her seducer, the accused’s son also confirming the illicit association. The accused then wrote a letter which contained a threat to kill.

Held: Accused convicted on his own plea. “This is one of the saddest cases that it has been my lot to hear. The accused was aware that this wife was unfaithful and in an attempt to end her adulterous association with the complainant wrote a letter to the latter threatening to kill him, it being accepted that there was nothing sinister in the letter. Elsewhere possibly the male adulterer would have been horse whipped by the injured husband and the latter would have been applauded. The accused, in this case has not alone spent a fortnight in remand prison but has not been employed since he was charged, it not being clear whether he was suspended from his duties. …. This is a case eminently suitable for invoking the provisions of Section 38(1) of the Penal Code; the accused is discharged absolutely”.