Rex v Kirangi (Criminal Appeal No. 167 of 1940)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court held that where an accused person receives news that his brother has been killed and then proceeds to where the slayer is already in custody and kills him, there can be no legal provocation within the meaning of section 192 of the Penal Code. A wrongful act or insult done to a person under the accused's care or in a fraternal relation, but not in the accused's presence, does not constitute legal provocation under the express provisions of section 192.
Outcome
Conviction for murder upheld
Facts
The appellant's brother Mushikila was killed in a quarrel by one Lukubalugosa. The appellant was not present at the quarrel or the killing. Upon hearing of his brother's death, the appellant proceeded to the place where Lukubalugosa was held bound and under arrest by the chief. The appellant then clubbed Lukubalugosa to death despite the remonstrances and efforts to prevent him by the tribal police who had Lukubalugosa in custody. The appellant was convicted of murder and appealed on the ground of provocation.
Issues
- Whether an act not performed in the presence of the accused may constitute legal provocation within the meaning of section 192 of the Tanganyika Penal Code.
Orders
- Appeal dismissed.
Rules and key headnotes
Legislation cited (1)
- Tanganyika Penal Code s.192
Cases cited (1)
- R v Okurutumu s/o Ongiro (Criminal Appeal No. 116 of 1938)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.