II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. It emerges from the record that the Applicant and two others not before this Court, on 1 April 2004, at about 2.00 am in Ilagaja Village, Nzega District in Tabora Region, attacked and assaulted Mr. Masesa Charles, a fellow villager, robbed him and thereafter fled the crime scene. 4. After the robbers had fled, Mr. Masesa raised an alarm and the neighbours, including the area Chairman, came to his rescue. A search was conducted and property including, a medical report belonging to the victim were found in the Applicant’s house. Thereafter the Applicant was apprehended by the police, charged and convicted on 14 July 2004, and sentenced to five (5) years and thirty (30) years imprisonment for the offence of burglary and armed robbery respectively. He was also ordered to pay compensation to the victim for the items which were stolen but not recovered and for injuries sustained by the victim. 5. The Applicant appealed to the High Court of Tanzania at Tabora in Criminal Appeal No. 134 of 2004 against the conviction and sentence of the District Court of Nzega, which appeal was dismissed by the High Court on 17 July 2006. 6. The Applicant then appealed to the Court of Appeal of Tanzania at Tabora in Criminal Appeal No. 332 of 2007, against the conviction and sentence of the High Court of Tanzania at Tabora. The appeal was dismissed by the Court of Appeal in a Judgment delivered on 1 June 2010. 3

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