The Appellant was arraigned in the High Court sitting at Bukoba with the murder of his father, one Luminaga s/o Masele on 22nd December, 2005. He flatly denied the charge. However, the learned trial judge having been positively impressed by the prosecution evidence, found him guilty as charged, convicted and sentenced him to suffer death by hanging. Convinced of his innocence, the Appellant has preferred this appeal. The grounds of appeal were that the Learned Judge erred in law and fact in convicting the Appellant of the offence of murder when there was no eye witness to the killing of the deceased and when the circumstantial evidence was not watertight to sustain the conviction and that the learned Judge erred in law to deny the Appellant the defence of torture. He also argued that the Learned Judge erred in law to convict the Appellant of the offence of murder when the cause of death was not immediately established after the deceased’s death.

