The Court of Appeal has reduced to 15 years jail term the death sentence imposed on a Dar es Salaam resident, Samwel Henry Juma, for killing his lover, Elizabeth Martin. Justices Edward Rutakangwa, Bernard Luanda and Batuel Mmilla reached into such decision after allowing the appeal.
Juma, the appellant, had lodged against the judgment of the High Court dated May 25, 2011. They reduced such capital punishment into lesser custodian sentence after convicting the appellant with manslaughter for killing his ‘baby’ without intention.
The justices noted in his defence that the appellant had not denied to have caused the death of the deceased, but it was accidental. Evidence showed that the appellant had pushed the deceased, who fell on a sharp tree stump.
They, therefore, quashed the conviction of murder and the sentence of death by hanging and convicted the appellant with the offence of manslaughter.
“Taking into account the period he has been in prison, we sentence him to 15 years imprisonment from the date of delivery of this judgment,” the justices declared in their judgment. Facts of the case show that the appellant and the deceased stayed together for two years as lovers before the latter met her death. Prior to their staying together, the deceased was employed somewhere to take care of a ‘shamba’.
In order to carry out her duties effectively, the deceased was staying in a small house within the said ‘shamba’. It was in that house where the deceased invited the appellant to stay with her.
However, their relationship was not good, as the two used to quarrel and sometimes fought. At one occasion the appellant assaulted the deceased whereby the incident was reported to the police.
The appellant was arrested, charged in court of law, convicted and sentenced to pay a fine of 20,000/- or go to jail for a year in default of paying the fine. The appellant failed to pay the fine and was jailed.
Though it was the deceased who put the appellant behind bars, just for the love of the appellant, she paid the fine after the appellant had spent two weeks in prison and returned to live with the deceased.
However, a day before the deceased met her death, which is on November 22, 2008; the two were at loggerheads again. The deceased could not stomach anymore, she called the village elders with a view to parting company. The elders blessed her request and the two parted company.
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