JUDGMENT OF THE COURT
The appellant, Ambari Gandani Konde, was charged before the superior court, of the offence of murder, contrary to section 203 of the Penal Code as read with section 204 of the said Code. He was convicted of the lesser offence of manslaughter and sentenced to serve a 5 year term of imprisonment from 8th October, 1999. He has appealed against both the conviction and sentence.
Mr. Magolo who appeared for the appellant advanced one ground of appeal against the conviction in question. This ground of appeal reads:
"1. That the Learned Trial Judge erred in law and fact in finding that lack of opinion on the cause of death and the nature of injury on the deceased was not fatal to the prosecution case, and did not go to the root of the charge in proceeding to convict despite the lack of opinion evidence aforesaid."
The evidence pointing to the death of Nyakondo Gandani Konde (the wife of the appellant) emanated from the testimonies of P.W.l, Konde Mwazambo, P.W.2 Washe Mung…