Man who killed fellow in a Sh3000 (about $1) tussle sentenced to death by hanging

Arusha. The Kigoma Registry of the High Court of Tanzania has sentenced Sudy Omary to death by hanging after finding him guilty of killing Joseph Misigaro by slapping him twice.

The slaps caused Misigaro's skull to fracture, leading to internal bleeding in the brain, swelling in the head, and eventually his death.

The incident occurred after Sudy gave Joseph's wife, Ashura Eliud, Sh3,000 to help harvest maize.

When Ashura failed to complete the task on time, Sudy confronted her. Joseph intervened, telling Sudy that his wife would complete the work on Monday, a response that apparently angered Sudy.

In retaliation, Sudy slapped Joseph twice, causing him to collapse. Joseph later died in the hospital from his injuries.

The ruling was delivered on September 20, 2024, by Judge John Nkwabi, who stated that the prosecution had proven the case beyond a reasonable doubt.

The prosecution presented seven witnesses, while the defense called four. Judge Nkwabi emphasized that Joseph’s death was unnatural and highlighted two key factors in his judgment: whether the accused caused the death and whether he had the intent to do so.

The court found that Ashura, Joseph's wife and the first witness, had provided credible testimony, stating that she saw Sudy slap her husband.

Judge Nkwabi also noted that the nature of the attack, with two blows to the head, a vulnerable area, and the resulting skull fracture, demonstrated the use of considerable force and intent to cause harm.

"The evidence clearly shows that the accused had the intention to kill the deceased, likely believing that he was responsible for the delay in completing the work," Judge Nkwabi said.

The court found Sudy guilty of murder under sections 196 and 197 of the Penal Code and sentenced him to death by hanging.

Incident Recap

According to Ashura Eliud, the attack occurred on May 21, 2023, in Kumwambu village, Kibondo district, Kigoma. After Sudy handed her Sh3,000 for harvesting maize, she failed to complete the job on time.

When Sudy came to confront her, Joseph stepped in, offering to have the work done the following Monday. Sudy, dissatisfied with this response, slapped Joseph twice, knocking him unconscious.

Witnesses, including the village chairman, responded to Ashura's screams, and Sudy was apprehended at the scene. Joseph was taken to the hospital for treatment but tragically passed away the next morning in front of his son, Boazi Joseph.

Defense

In his defense, Sudy denied the charges, claiming that on the day of the incident, he was returning from his work as a stone breaker when Joseph's children stopped him and asked him to return to where their father was lying.

He expressed shock at being accused of murder and pleaded with the court to acquit him.