R. v. Juma s/o Legeza, Crim. Sass. 107-Shinyanga-69, 23/6/69

R. v. Juma s/o Legeza, Crim. Sass. 107-Shinyanga-69, 23/6/69

Accused was told his wife was having an adulterous association with another man. He questioned her after having taken drink, slapping her several times. When she confessed, he beat her with stick, told her to go and followed her to her supposed lover’s house where he took away her clothes and left her naked on the bed. The accused later returned and found her dead due to head injuries suffered during the beating. His attempts to revive her with buckets of water failed. He reported the matter, and confessed his actions to the elders subsequently the matter, and confessed his actions to the elders subsequently to the Administrative Secretary.

            Held: “I am obliged to defence counsel for his reference to the case of Manyeri s/o Mukonko v. R., (1954) 21 E.A.C.A 274 where it was held that the sudden discovery of a wife’s adultery even if not by finding her in flagrente delicto may in Tanganyika in law be sufficient provocation to reduce an intentional killing to manslaughter. I have no doubt that that case reflects well established law.” (Also citing: Russel on Crime, p. 584;

Yolamu Aria v. R., (1969) E.A. 146 “The circumstances surrounding the killing. Suggest to me that [the accused] might have been influenced by drink to such an extent that coupled with the admission of his wife’s committing adultery, his mind was so affected that the was momentarily deprived of his reason and so affected that he was momentarily deprived of his reason and so unable to control himself in order to make a careful choice of action. “ Accused acquitted of murder and convicted of manslaughter.