Cosmas Madubu and Another v. R. Crim. App. 339 and 34-M-71; 2/8/71; El-Kindy, J.

Cosmas Madubu and Another v. R. Crim. App. 339 and 34-M-71; 2/8/71; El-Kindy, J.

            The appellants were jointly charged with and convicted of robbery c/s 285 and 286 of the Penal Code and sentenced to 31/2 and 3 years, and 24 stroke each respectively subject to confirmation by the High Court. They were also ordered to pay Shs. 600/= as compensation to the victim. The complainant who arrived at Mwanza on his way to Geita at 6p.m. met the two appellants who accommodated him in their house. At 1 a. m. he was awakened by a blow on hi buttocks, when he got up he was hit with a hoe and he fell down and broke his leg. He feigned death whereupon they dragged him to a nearby bush. When he came to he sought aid from a nearby house. The two appellants were identified by the complainant later that morning. A trail of blood led to the kitchen of appellants. The appellants put up alibis as their defences. The resident magistrate held that the appellants’ explanation as to their whereabouts failed to raise a reasonable doubt in his mind. He was satisfied of their guilty.

Held: (1) “Both appellants claimed that the learned Magistrate in accepting the complainant’s story without corroboration………. Corroboration was not necessary at all. The trial Court was entitled to act on the evidence of the complainant alone on the issue of identity as he was satisfied that not only was the complainant credible witness but the circumstances were such that he could not have mistakes the identity of the assailants.” (2) “It is correct that there was no expert evidence that the trial of blood was that of a human being, but in the circumstances of this case, this is not necessary and proof of such fact can be given through circumstantial facts. I am satisfied that the finding of blood stains and a hoe’s stick outside the kitchen house of the appellants tended to give weight to the complainant’s story.” (3) Appeal dismissed.