The Appellant was convicted for the offence of armed
robbery. The Appellant was aggrieved. His first appeal to the High Court at
Moshi (Makuru, J.) was dismissed. In this appeal the Appellant also complained
about the way his cautioned statement was tendered in court. He submitted that
he was arrested on 12th November, 2009 and wondered why it took up
to 21st November, 2009 for detective sergeant Saidi (PW5) to record
his cautioned statement. There are two main issues calling for our
determination. First, is whether the Rifle Calibre No. 375 (exhibit P1) and one
round of ammunition No. 375 of Rifle (exhibit P2) which were tendered by the
complainant (PW1), were the same as those which were recovered by PW3 and PW4
from the forest after the Appellant had shown the police where he had hidden
the stolen gun and ammunition. Second, is whether or not the Appellant’s
cautioned statement (exhibit P4) was admitted in compliance with sections 50
and 51 of the CPA.