The particulars of offence in the charge preferred against
the Appellants are that YOHANA s/o JOSIA@ MANUMBU and MAGESA s/o CHACHA@
NYAKIBALI are jointly and together charged on 9th day of June 2006,
at about 19:45 hours at Kabarimu area within Bunda District in Mara Region, did
steal one short gun make Excelsior 12 Bore with serial number 0069 valued at
Tshs. 300,000/= and two ammunitions valued at Tshs 4,000/=. All total valued at
Tshs. 304,000/=, the property of one Mara Security Guards and Patrol Service
Co. LTD and immediately after such time of stealing did fire bullet of a gun in
order to obtain the said gun. As per records the Appellants were not identified
at the scene of crime. None of the prosecution witnesses, even the first
accused for that matter, ever testified to have seen and identified the
Appellants at the scene. As it is, the Appellants were convicted by virtue of
the doctrine of recent possession which was invoked on the basis that they
possessed the shotgun retrieved from Rubana River.