The deceased and a woman were lying in a rice field at night after having sexual intercourse. The accused, on his way to guard his shamba against the incursions of wild pigs, saw a movement in the grass and shone his torch in that direction, but the batteries were weak and he could see little. He called out, asking whether it was an animal or people. There was no reply. The couple then ran off in different directions. The accused threw his spear at one of the shadow, hitting and fatally wounding the deceased. The accused was charged with murder.
Held: (1) The evidence supported the view that the accused did not know that he was throwing a spear at a man, and the charge of murder could not be sustained.
Manslaughter could not be proved as the evidence did not show the requisite degree of recklessness. Although it was common knowledge in Rufiji that many couples go off into the bush at night and in the day for lovemaking, and the accused must have known this, he was absolved from recklessness because he called out, asking whether the object was human or not. Since he got no reply, he may will have thought it was a pig.
Accused not guilty of any offence. The killing was an accident.
