Mkuu wa Mkoa wa Tabora Ditopile Mzuzuri akamatwa kwa mauaji ya Dereva wa Daladala

M/kijiji,
Hapa kwetu tuna kuua na kuua bila kukusudia. Ila kama kawaida sheria zetu zinawahusu baadhi ya watu na wengine haziwagusi.
Hizi tafsiri za DPP ni kiini macho. Mfano watu walioshiriki katika tukio la ujambazi, wakati wa kupora ikatokea wamemuua mtu, hatuna daraja la kuua, hapa moja kwa moja hawa watashitakiwa kwa mauaji, imeshatokea na inaendelea kutokea. Kwa mtizamo wa DPP hawa hawakuwa na lengo la kuua, hawa ni wezi, lengo lao lilikuwa ni kuiba tu, walishambuliwa kwa mawe etc.

exactly, maana hilo ndilo swali langu, kwani kama tukikubali alichosema DPP wale wote wanaouawa wakiwa katika shughuli nyingine basi wote huua pasipo kukusudia.

Ama kweli sheria za Bongo kiboko!
Yaani ningekubali kama Ditto angedai kuwa insane kuliko kutokusudia!

Hivi tuseme mme aliyemuuua mkewe kwa sababu mke alimtukana hii inachukuliwa vipi ktk sheria za Bongo?

Mkandara said:

Ama kweli sheria za Bongo kiboko!
Yaani ningekubali kama Ditto angedai kuwa insane kuliko kutokusudia!

Hivi tuseme mme aliyemuuua mkewe kwa sababu mke alimtukana hii inachukuliwa vipi ktk sheria za Bongo?

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Mkandara,
Mke akimtukana mme jamaa akainua mkono akamtandika kofi moja zito hadi chini akazimia na hatimaye kifo ni likely case hii itakuwa manslaughter ikitegemea pia na sababu zinginezo hapo kama chanzo cha ugomvi, hali (mental status) ya mtuhumiwa na marehemu kwa wakati ule etc. Ila kama jamaa atatukanwa halafu akachomoa panga alilotoka nalo shamba na kumpasua kichwa mkewe hiyo ni muder pasi na shaka yeyote. Hata hao wanaotuambia provocation wanasahau kuwa kuna kiwango cha maudhi. Haiwezekani mtu uambiwe "pumbavu" unachomoa bastola na kumlipua mtu halafu unadai uliudhiwa.

Haya matusi anayo yasema DPP yalitolewa na nani ? Ina maana marehemu alitukana ? Mbona katika habari za awali neno kutukanwa kabla ya kuua hatusikia ? Tunajua Marehemu aliomba msamaha ikawa nguvu ndipo akafunga dirisha je DPP huyu vipi ?

Haya ni mazingaombwe ambayo yalianza kuanzia siku ya kwanza, hivi sasa ni utekelezaji ambao unafanyika, wale abiria wote ambao ni mashahidi wamekwisha jazwa mpunga; na unavyofahamu ile bastola hata ilikopotelea haieleweki, ndio uzuri wa mazingaombwe. ASIYE NA MWANA AELEKE JIWE.

Tusubiri kuona watafanya nini pamoja na kwamba tumeshaona wanataka kufanya nini.

Tabasamu,

Naam sasa tuwarudie hao wana sheria na hii kesi ya mke.
Huyu bwana sii kwamba alikuwa anatoka shamba ila alichukua panga baada ya mke kumwagia chai!(accident)... ktk mabishano hayo basi tuseme kweli mke katukana, bwana ka swing panga na kuua.
Swali langu kubwa kama kweli hakukusudia ilikuwaje akachukua panga baada ya kumwagiwa chai? alikuwa akikusudia kufanya nini na hilo panga mahala ambapo,
Kwanza ana nguvu zaidi za kimwili ni kiasi cha kumpiga mkewe kibao!
Pili kumwagia naye chai vilevile! na mwisho kumtukana vilevile!
WHY panga ambalo mwisho wake kweli umeua!

Mkandara, now you are talking!! Halafu mfano wa panga, una udhaifu mmoja hauna trigger!!! Huyu DPP lazima aondolewe kazi!! Nimesema kuwa katik kesi hii haki lazima itendeke, na siyo kutendeka tu bali pia ionekane inatendeka. Ningekuwa DPP na ninataka kufanya mazingaombwe ya kisiasa ningeacha kesi ya mauaji iendelee na kuacha mahakama iamua na tuwape upande wa utetezi wajenge hoja za kwanini siyo mauaji ya kukusudia! Lakini sasa DPP kawapa keki kwenye sahani! Halafu wangeacha mahakama iamua Dito ahukumiwi mika 20 jela... halafu Kikwete angemuacha asote jela angalau miaka kumi halafu Rais mpya basi amsemehe.. hapo angalau watu wangesema haki "imeonekana kutendeka".. lakini kuwapa kesi ya kutokukusudia...ni tusi la dhana nzima ya sheria!!

Mwanakijiji mfano wako mzuri, hivi kwa nyie wanasheria kama mfanyabiashara wa samaki amepewa bastola kwa ajiri ya kujilinda, akafika Dar kutoka Mwanza na samaki wake, baada ya kazi za siku nzima akaamua kwenda Bar fulani alipofika akamkuta binti mremo amekaa pele yake kwenye meza akaomba kukaa naye na yule binti akamuambia mimi siongei na wanuka samaki yule jamaa akapatwa na hasira na kumuua na bastola yake. Hakupanga kumuua na hawafahamiani. Je hi kesi itakuwa ya kuua bila kukusudia?

DPP atasema "Hakukusudia"... lakini mimi nitasema kama hakukusudia kwanini alinyosha bastola na kufyatua.. alidhania itatoka nini kwenye bastola halua?

Ok, buddies, here is the Law- an extract from The Penal Code, Cap 16 of the Laws of Tanzania

CHAPTER SIX
MURDER AND MANSLAUGHTER
S.195.Manslaughter
(1) Any person who by an unlawful act or omission causes the death of another is guilty of manslaughter.
(2) An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to preservation of life or health, whether the omission is or is not accompanied by intention to cause death or bodily harm

S.196 Murder
Any person who, with malice aforethought, causes the death of another person by unlawful act or omission is guilty of murder

S.197. Punishment for murder
A person convicted of murder shall be sentenced to death

S.198. Punishment for manslaughter
Any person who commits manslaughter is liable to imprisonment for life.
…
S.200 Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances-
(a)an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not;

(b)knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although that knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;

(c)an intent to commit an offence punishable with a penalty which is graver than imprisonment for three years;
(d)an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit an offence

S.201 Killing on provocation
When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as is defined in section 203, and before there is time for his passion to cool, he is guilty of manslaughter only.

S.202 Provocation defined
(1) The term ‘provocation' means, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered.
(2)…

There is case law as well...Happy Valentine to Ya all!

Mwendapole said:

Ok, buddies, here is the Law- an extract from The Penal Code, Cap 16 of the Laws of Tanzania

There is case law as well...Happy Valentine to Ya all!

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Thanks kwa somo Mwendapole.

Happy Valentine to You.

mwendapole.. ninukulie S203...

Mzee Mwanakijiji said:

DPP atasema "Hakukusudia"... lakini mimi nitasema kama hakukusudia kwanini alinyosha bastola na kufyatua.. alidhania itatoka nini kwenye bastola halua?

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Ndugu..kama sheria zetu ziko hivyo basi ni wakati sasa umefika tuanze mikakati ya kubadilisha. Hao mawakili na mahakimu na majaji wao ni wajumbe tuu...na waswahili walisema "Mjumbe Hauwawi". Ni wajibu wetu kushinikiza mabadiliko ya sheria kupitia wabinge wetu huko majimboni.

Mzee Mwanakijiji said:

mwendapole.. ninukulie S203...

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As requested;

S.203 Causing death defined
A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases-
(a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death; in which case it is immaterial whether the treatment was proper or mistaken if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill;
(b) if he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living;
(c ) if by actual or threatened violence he causes that other person to perform an act which cause the death of that person, the act being a means of avoiding the violence which in the circumstances would appear natural to the person whose death is so caused;
(d) if by any act or omission he hastens the death of a person suffering under any disease or injury which, apart from that act or omission, would have caused death;
(e) if his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of another person.

Mzee Mwanakijiji said:

mwendapole.. ninukulie S203...

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MKJ,
Escaping point,ambayo iliandaliwa toka maelezo yanachukuliwa kwa mashahidi wote 23 ilikuwa ni S. 201 Na ndiyo maana wanasema ushahidi wote karibu unafanana kwa mashahidi wote 23(Kaimu au Naibu Mkurugenzi Mwendesha MASHITAKA).

Mzee Mwanakijiji said:

mwendapole.. ninukulie S203...

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Mwendapole said:

As requested;

S.203 Causing death defined
A person is deemed to have caused the death of another person, although his act is not the immediate or sole cause of death, in any of the following cases-
(a) if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death; in which case it is immaterial whether the treatment was proper or mistaken if it was employed in good faith and with common knowledge and skill; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill;
(b) if he inflicts bodily injury on another which would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of living;
(c ) if by actual or threatened violence he causes that other person to perform an act which cause the death of that person, the act being a means of avoiding the violence which in the circumstances would appear natural to the person whose death is so caused;
(d) if by any act or omission he hastens the death of a person suffering under any disease or injury which, apart from that act or omission, would have caused death;
(e) if his act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of another person.

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Thanks, Good Job!

[S.201 Killing on provocation[/B said:

When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as is defined in section 203, and before there is time for his passion to cool, he is guilty of manslaughter only.

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Hiki kipengele ndicho kinachopigiwa debe!
Ila binafsi ningewaelewa zaidi kama wangedai Mheshimiwa RC alikuwa INSANE!
Vinginevyo.... ni hadithi za Alfu lela Ulela!

Mwendapole said:

Ok, buddies, here is the Law- an extract from The Penal Code, Cap 16 of the Laws of Tanzania

[ S.200 Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any one or more of the following circumstances-
(a)an intention to cause the death of or to do grievous harm to any person, whether that person is the person actually killed or not;

(b)knowledge that the act or omission causing death will probably cause the death of or grievous harm to some person, whether that person is the person actually killed or not, although that knowledge is accompanied by indifference whether death or grievous bodily harm is caused or not, or by a wish that it may not be caused;

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Now here is the kicker... did the accused (Dito) know that by him holding a gun, putting a finger on the trigger and fire it towards the deceased that his action would "probably cause the death" of that individual? The answer is an affirmative yes! because there is no way on earth that a loaded gun fired toward a person would "probably" not cause death!!!

S.201 Killing on provocation
When a person who unlawfully kills another under circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation as is defined in section 203, and before there is time for his passion to cool, he is guilty of manslaughter only.

S.202 Provocation defined
(1) The term ‘provocation' means, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in conjugal, parental, filial or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control and to induce him to commit an assault of the kind which the person charged committed upon the person by whom the act or insult is done or offered.

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According to this section, was Ditopile provoked? absolutely NOT for there was no such a relationship between him and Hassan that could have been interpreted as "immediate care" or "conjugal, parental, filial, or fraternal relation, or relation of master or servant". He (Hassan) was a total stranger to Ditopile and he to him.

Section 203 does not apply in this case.