R. v. Khatibu Haji Shirazi, Crim. Sass. 4-Z-65, 26/6/65, Saidi Ag. C. J.

R. v. Khatibu Haji Shirazi, Crim. Sass. 4-Z-65, 26/6/65, Saidi Ag. C. J.

The accused was charged with murder c/s 180 of the Penal decree. Until approximately 1 year before the incident here considered, the accused and the deceased were living together in a certain house. The accused and his wife lived in one part of the house, and the deceased was in another. One day the accused found unsigned love letters to his wife. Shortly thereafter, he moved out, leaving some of his personal effects. During the following year, the accused and his wife were divorced, but the accused never returned to the house for his things. On the day in question, during the month of Ramadhani, he and the deceased met on the street, and the deceased told him to go to the house and remove his property. According to the accused’s unsworn statement, the deceased said to him, “Mimi Mwanamume kwako. Wewe baradhuli, wahedi na ndiyo mama wa watoto akipenda kulala na mimi. Baradhuli wahedi hanithi mkubwa.” The accused, who was fasting, became enraged and caught hold of the other man’s throat. The deceased reached for the accused’s knife, and during the ensuing struggle the accused killed him with it.

Held: The accused is convicted of manslaughter c/s 179 of the Penal Decree. The assessors found the deceased’s statement so provocative that they suggested it not be repeated during counsel’s arguments in court; and prosecution witnesses admitted in cross-examination that, during Ramadhan fasting muslims are more susceptible to provocation than at other times. The accused is sentenced to 7 years’ imprisonment.