THE Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday sentenced four bandits to 30 years imprisonment and 12 strokes of the cane for armed robbery of mobile phones and other items worth 2.05m/- during Saba Saba Day in 2013.
Principal Resident Magistrate Respicius Mwijage ruled against Donald Nzwenka, Michael Paschal, Ally Akili, alias Chinga and Kurwa Mwakagenda after observing that the prosecution, through 11 witnesses, proved their case beyond reasonable doubt as required by law in criminal cases.
The prosecution had alleged that the bandits committed the offence on July 7, 2013 at Boko Magengeni in Kinondoni District where they stole four mobile phones of Collal Nokia, Samsang and Tecno make, 150,000/- in cash and two golden rings, all items valued at 2,050,000/-. Such properties were owned by a house wife, Hobokela Mwakijambile.
It was alleged by the prosecution, led by State Attorney Gloria Mwenda that immediately before such stealing, the bandits threatened the woman with a bush knife in order to obtain the items easily.
In evaluating the evidence tendered, the magistrate pointed out that for the offence of armed robbery to stand, the prosecution was bound to prove that the accused person or persons at or immediately after the time of stealing someone’s property is armed with any dangerous or offensive weapon.
He revealed that in the case in hand, it is the evidence of the victim and other witnesses that on the night of July 7, 2013 at around 3.00am, the bandits broke the main entrance door of their house using an explosive, which was later identified by the police as dynamite.
Thereafter, the magistrate noted, the bandits proceeded to break other doors and finally entered into the room where the witnesses were sitting. While being in the room which was under the lamp light, the witnesses saw Mwakagenda with a ‘panga’ and he started beating them using such weapon.
“In consideration of the above evidence in totality, I find no doubt that (the witnesses) were able to identify the bandits who are the accused persons in this case and that is the reasons why even the (victim) managed to identify them during the identification parade at the police station,” he said.