The as sessors requested that a medical investigation

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testified that the he saw the accused strike his father with an iron bar. The as- sessors requested that a medical investigation be conducted to determine whether the accused was legally sane, but the request was denied. Held : (1) The policeman’s account of the victim’s statement was admissi- ble under section 32(1) of the Indian Evidence Act, as a statement “made by a person as to the cause of his death, or as to any circumstances of the transaction which resulted in his death” in a case in which “the cause of that person’s death” came into question (2) While the child’s testimony was admitted, the court should not rely heavily on his evidence. It was not given on oath, as he could not under- stand the nature of an oath. (3) The refusal of food could not amount to provoca- tion. It would not be a wrongful act or insult. (4) The facts that the accused had no apparent motive for the attack, that he was walking about carrying a heavy burden (a gearbox and a gear shaft ), and that he did not run away after the deed, did not raise a question as to the capacity of the accused to understand the nature and quality of his act, so as to warrant a medical investigation. The Accused was found guilty of murder as charged. 199. R. v. John s/o Mshindo , Crim. Sass. 57-Iringa-67; 28/4/67; Hamlyn J. Accused had pleaded guilty to manslaughter, saying, “I killed as charged and admit that I killed unlawfully but I did not intend to kill.” He had been set upon by a gang during a beer-drinking quarrel and, apparently without trying to escape, killed one of the gang with a pen knife. Act the time of the High Court judgment, the had been in custody for six months.
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( 1967) H.C.D. - 54 – Held : “I am aware that, in the difficulties in which (accused) was placed, it is hard to consider what action he should take which complies with the law, and that the struck without any intention of killing. He has however pleaded that the blow was struck unlawfully. “ (T)he accused, having been in custody for the past six months, has been punished, though it must be impressed upon him and the public that these beer drinking quarrels must cease.” Sentence of one week’s imprisonment imposed. 200. R. v. Omari s/o Hassani , Crim. Rev. 63-D-67; 12/6/67; Duff, J. Accused was convicted of practicing medicine without a licence. (Cap. 407, s. 36(1) (b).) There was not evidence that he acquired or received anything of val- ue. Held: An element of the offence is the receipt of something (monetary or otherwise) for the medical service rendered. In the absence of such evidence, the conviction was quashed. 201. Msine Ludivico s/o Niganya v. R., Crim. App. 199-M-67; 7/6/67; Cross, J. Accused was convicted of practicing medicine without being registered and with- out a licence (Medical Practitioners and Dentists Ordinance, Cap. 409, s. 36(1)(b) and with doing grievous harm (P.C. s.225). He was sentenced to con- current sentences of twelve months on the first charge and eighteen months on the second charge. The first charge alleged that accused “did practice medicine for gain by injecting five persons. ……” After all but two of the prosecution wit- nesses had testified, the second charge of doing grievous harm during the injec- tions to two named persons was added. The magistrate did not advice accused
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