The Appellant was arraigned before the trial District Court on one count of armed robbery. It was alleged by the prosecution that the Appellant had stolen Tshs. 350,000/= cash and five mobile phones, and had shot once in order to threaten customers and workers at the bar to obtain and retain the said properties. It was alleged that while customers were enjoying their night out, an armed thug appeared and ordered them together with the workers to surrender all their valuables before lying down. After they had complied with the order, PW1 took courage and picked a bottle of Soda with which he hit the bandit on the head making him to fall down. The gun was thereafter taken from the assailant and the camouflage (mzula) removed from his face. The witnesses had identified him to be the Appellant herein. In the ensuing fracas, there was a gunshot that made people to run away randomly, and when they returned to the scene, they found the bandit’s clothes. In the trousers, they found a letter from the Arusha District Commissioner introducing the Appellant to good Samaritans for assistance. The Appellant had confessed to the crime. His Caution Statement was admitted in Court and he was convicted and sentenced to thirty (30) years’ imprisonment. Aggrieved with the judgment, he appealed.

