Two sentenced to death for murder, one is acquitted

What you need to know:

  • The attack occurred on July 5, 2023, in Kashato, Mpanda District. Edes later died on July 23, 2023, at Bugando Hospital. Charles Antipass was cleared as the court found no direct or circumstantial evidence linking him to the offence.

Arusha. The High Court of Tanzania in Sumbawanga has sentenced two men, Sharifu Rajabu and Muumin Tembo, to death by hanging after finding them guilty of murdering Edes Chami and stealing a wallet containing Sh240,000 and an Infinix Hot 9 phone.

The third accused, Charles Antipass, was acquitted after the prosecution failed to provide sufficient evidence against him.
The judgement was delivered on Monday by Judge Thadeo Mwenempazi.

In his ruling, the judge said the prosecution had proven beyond reasonable doubt that the two convicts attacked the deceased with a blunt object on the head before stealing his wallet, phone, and bank cards.

The attack occurred on July 5, 2023, in Kashato, Mpanda District. Edes later died on July 23, 2023, at Bugando Hospital. Charles Antipass was cleared as the court found no direct or circumstantial evidence linking him to the offence.

Evidence presented Emmanuel Chami, the fourth witness and father of the deceased, said his son reported being attacked and robbed.

He took him to Mpanda Municipal Hospital, after which Edes’ condition worsened, necessitating transfer to Katavi Regional Referral Hospital and then Bugando, where he passed away.

Dr Alex Mremi, the sixth witness, conducted the post-mortem, confirming death resulted from severe head injuries consistent with being struck by a blunt object.

Inspector Godfrey Leka led the investigation, tracing the stolen phone to Matilda Festo, who had purchased it from Japhet Abel for Sh140,000.

Japhet confessed to involvement and named accomplices before he was fatally beaten by an angry mob. Police later arrested Sharifu and Muumin on November 15, 2023, in Fisi area, Mpanda.

Sergeant Abdallah and Corporal Kennedy testified that Japhet had intended to identify his co-offenders before his death and that the second accused admitted to the assault, naming others involved.

These statements were admitted as evidence without objection from the defence.

Defence and ruling Sharifu claimed he was arrested for a television theft and denied knowing the deceased or co-accused. Muumin said he was arrested for burglary and denied involvement in the murder.

Charles also denied any knowledge of the incident or the accused.

Justice Mwenempazi noted that in murder cases, the prosecution must prove both the act and intent beyond reasonable doubt.

He ruled that the first and second accused had voluntarily confessed to assaulting Edes and were directly involved in the attack that caused his death.

The court convicted Sharifu and Muumin of murder, sentencing them to death by hanging, while Charles was acquitted due to lack of evidence.