The Appellant was charged with and convicted of the offence
of murder contrary to section 196 of the Penal Code [Cap 16 R.E. 2002] and was
sentenced to suffer death by hanging. According to the particulars of the
information, the Appellant on 14th day of April 2015 at Singiwe
village within Kalambo District in Rukwa Region did murder one Olivieta d/o
Augustino Nandi. The Appellant was arrested and a murder charge was preferred
against him which culminated in his conviction and sentence of death.
Dissatisfied with the decision by the High Court, he has
now appealed to this Court basically challenging the trial court for convicting
him with murder instead of manslaughter which was established. During the
hearing leave was sought and granted by the Court to the Appellant’s counsel to
raise a legal issue relating to the summing up to the assessors.