The Appellants were jointly charged at the District Court of
Masasi in Criminal Case No. 158 of 2016, with the offence of grievous harm,
contrary to section 225 of the Penal Code [Cap 16 R.E. 2002]. It was alleged by
the prosecution that on 13th day of December, 2015 at about 00:15hrs
at Mpeta village within Masasi District in Mtwara Region, the Appellants did
use firearm to shoot one Iddi s/o Swedi Lazima on his legs and caused him to
suffer bodily injury.
The Appellants denied the charge when it was read to them.
The trial court considered the testimonies of the witnesses for the prosecution
and the defence. In the end, it found that the charge against the Appellants
was proved beyond reasonable doubt. It convicted them as charged and sentenced
each of them to seven years imprisonment. They were aggrieved and filed
separate appeals in this court. In their petitions of appeal, the major
complaint is that the charge against them was not proved beyond reasonable
doubt.