Aliyekiri kumuua mpenzi wake aachiwa huru

Analogia Malenga said:
Mahakama ya Rufaa imemuachia huru Amani Justine, aliyekiri kumuua mpenzi wake Gaudencia Mabuli kwa kumchoma kisu baada ya kumtuhumu usaliti

Kwa siku tatu Gaudencia aliripotiwa kupotea na mwili wake uliokotwa barabarani, maeneo ya Vianzi Mei 23, 2012, akiwa na majeraha kwenye bega lake la kushoto, kwenye paji la uso na kiganjani

Askari aliyemkamata Justine, alisema kuwa alimkamata akiwa na T-shirt nyeusi iliyokuwa na damu. Aidha shahidi alisema Marehemu alikuwa na mtuhumiwa siku ya mwisho kabla ya kuripotiwa kupotea

Mtuhumiwa aliomba radhi kwa kusema kuwa ni shetani aliyempelekea kufanya hivyo. Jaji wa Mahakama ya rufaa alisema kisheria ushahidi wa aliyetuhumiwa hautoshi kuhitimisha kuwa ana hatia

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The Court of Appeal has acquitted a resident of Mwajasi Village in Mkuranga District, Amani Justine, who had been condemned to death after confessing to killing his lover.

The prosecution’s case that Mr Justine purportedly killed a woman he was cohabiting with - Gaudencia Leonce Mabuli - was entirely built on his confession that he committed the crime after he allegedly caught her cheating with another man. But, the bench of Justices Shaban Lila, Sivangilwa Mwagesi and Barke Sehel said the prosecution’s case lacked material evidence for the court to believe there was a connection between the alleged confession and the prosecution’s evidence.

The body of the deceased [Gaudencia] was found lying on a roadside in the Vianzi area on 23 May 2012, with deep cut wounds on her left shoulder, forehead and palm, three days after she was reported missing.

Justine cohabited with Gaudencia at Malela area in Mkuranga Township for nearly three years that many people believed they were husband and wife.

In his appeal, the accused argued that the High Court Judge erred in convicting him without considering the defence of provocation and that the prosecution’s evidence was not proved beyond reasonable doubt.

A witness had told the High Court during trial that he saw Mr Justine with the deceased walking towards Vikindu area the day the woman disappeared.

A police officer who appeared in court as a witness on the side of the prosecution told the court he arrested the accused, and that during the arrest the accused was found holding a black T-shirt stained with blood.

When cross-examined during the hearing of the case, the accused asked for forgiveness for causing the death of his partner.
“What transpired on that day was the devil’s work. I pray for forgiveness for having caused the death of the deceased. Yes, I was arrested in the house I used to cohabit with the decease,” he testified.

When the High Court further pressed for explanation, Mr Justine went on: “Yes, the devil pushed me to react because I suspected the deceased was cheating on me. I found the deceased [Gaudencia] with another man in the bush after which I took a knife and stabbed her on the neck and went to Magengeni. When I returned after a while, I found her dead.”

However, this admission was not sufficient evidence for the Court to uphold the death sentence against Mr Justine.
“Even so, the alleged admission of the appellant cannot be taken as a true admission on part of the appellant.

“As correctly submitted by counsels of both parties, legally speaking, the evidence of the accused could not lead to someone’s guilt,” the judge said.

“There is no scintilla of evidence from the prosecution to suggest that the appellant’s evidence carried the prosecution’s case further for the trial court to arrive to the conclusion that there was a true admission by the appellant,” the judge further added. The conviction of the accused was largely based on the elementary principle of law that if an accused person is alleged to have been the last person to be seen with the deceased, in absence of sufficient evidence to explain circumstances leading to the death, he or she will be presumed to be the killer.

“The finding of the trial court was based on the principle which we have stated (times) without numbers that, in a criminal trial, the very best of witnesses is an accused person who confesses to his guilt,” the Judge remarked.

A witness had told the court that the appellant and the deceased used to go to the same church and that Gaudencia was the church’s secretary.

CITIZEN TZ
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astagfirullah
 
Tatizo ni waendesha mashitaka waliandaa kesi laini silaha iliyotumika haikuonyeshws iko kitengo inabidi kifanyiwe kazi
 
Kwa hiyo pamoja na kukutwa na tshirt yenye damu bado haikutoshaa???
innocentkirumbuyo said:
Anaweza kukiri kwasababu ya shinikizo fulani au uoga kukiri tu siyo sababu ya kumfanya kuwa ndiye ameuwa kwaiyo na ambao awajakiri wachiwe huru kwasababu awajakiri sheria haziko hivyo zipo kwa haki zinatazama ni mazingira gani mtumiwa alikiri kosa
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Aliuwawa alikuwa ni Ex wajamaa..

Siku aliyopotea huyo mdada kuna mtu alimuona mshkaji akiwa na huyo mdada..

Jamaa anakiri alimuhisi demu wake anamcheat..

Siku ya demu anapotea jamaa alionekana nae..

Siku anakamatwa alikutwa na Tshirt yenye Damu..

Jamaa anakiri kumuua demu..

Alafu Judge uchwara anasema mahakama imekosa ushahdii wa kutoshaa ni upuuzii watu wanafungwa kwa ushahidi wa maneno tu leo ushahidi mpaka wa kimazingira upoo alafu falaa linaachiwaa huruu...Kenya kwa Rushwaaa wamezidi sasa haya mafalaa.

ACHENI KUJIDAI MANAIJUA SHERIA BHANA... Hii case kuna rushwa mimi angekuwa huyu ni dada angu kauwawa nasema ningekata rufaa mpaka Jamaa afungwe maisha kama sio Kunyongwaaa liuaji hiloo..
 
Hata lulu Michael aliachiwa huru licha ya kumuua kanumba, inategemea na nyota yako, mwengine akiuwa simba anachezea mvua za kutosha
 
vipik2 said:
Hao majaji wanajua namna gani Polisi hutengeneza ushahidi
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Soma ile habari vizuriii...!! Polisi wanatengeneza vipi mazingira kwani wao ndo wamemuua??? Kwamba jamaa aliekuwa anacheat nae ndo kamuua then katoa hela jamaa afungwe???
 
Sasa hapo mahakama haina uwezo wa kumwita shetani kutoa ushahidi kuwa ni kweli ana husika!
 
Tatizo ni kwamba kama uliua ile damu itakulilia tu. Wakati mwingine bora utumikie adhabu inaweza kukupa ahueni.
 
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