Nathwani criminal case adjourned again
DAR ES SALAAM: PROSECUTION witness, Kiran Lalit, on Monday was unable to testify in the injury case facing the couple Bharat Nathwan (57) and Sangita Bharat (54), because the defense lawyer in the case was in the Court of Appeal on another case.
The couple, who are Tanzanian citizens of Indian origin, living on Mrima Street – Kisutu, Lohana building Dar es Salaam, are accused of four charges including Grievous Harm which they committed on July 21, 2023 against the law.
The case was brought before the Chief Resident Magistrate of the Kisutu Resident Magistrate’s Court, Dar es Salaam on Monday June 3, for the continuation of the hearing of the prosecution’s witnesses, whereby three witnesses have already given their evidence.
Senior State Attorney, Grace Mwanga claimed that they have one witness and are ready to proceed with the evidence, after which the defense side claimed that the case is indeed at the evidence stage, but unfortunately on Friday they received a letter from the Court of Appeal.
“It is true that the case has come for hearing, but unfortunately on Friday we received a letter from the Court of Appeal, so the lawyer has gone there,” claimed Lawyer Mwanaisha Mshobozi.
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After Mshobozi claimed that, Lawyer Mwanga claimed that due to the application they have no objection, they are asking for another hearing date which she suggested to be in July, this year which the judge said is too far.
Judge Lyamuya adjourned the case until June 25, 2024 for hearing, where the witness Kiran was informed by the court to come on that date to testify.
“Unfortunately, the lawyer for the defendants is not here. We have been told that he is at the Court of Appeal. You must be present in court on the date we will arrange,” said the judge.
Earlier, Carpenter, Dominic Mpakani (43) told the court how the accused Bharat Natwani attacked his neighbor, Lalit Ratilal by hitting his head in the chest and then he fell to the ground and lost consciousness for a while.
In addition, he claimed that there was an argument between Bharat’s wife (Sangita Bharat) and Lalit’s wife, (Kiran) who wereby Sangita Bharat was throwing words violently in the Hindu language while, after a while, their husbands arrived together and intervened in the argument.
He claimed that on July 21, 2023 he was at Lalit Ratilal’s house in Mrima street in Lohana district, he called him to do work related to wood and other small jobs.
He claimed that he arrived at the building at nine o’clock in the morning on the third floor, while he was working, he claimed that Sangita was standing at her door and Kiran was standing at her door, and Sangita Bharat started talking harshly and abusively using the language of hindu.
“But I heard Bharat’s wife, Sangita telling Lalit’s wife that her garbage should be taken out of the area while all the things were placed in Lalit’s area and nothing was in Sangita’s area. After some minutes I don’t know if they called or how their husbands came on time one and the conflict continued for all four,” demanded Fundi Mpakani
The witness claimed that, while the conflict was going on, they were all standing at Lalit’s door, after a while Bharat hit Lalit on the head and pulled him down and continued hitting him with kicks and his steel bangle he was wearing on his fist hitting him on his head and Lalit fell to the ground and lost consciousness.
According to the indictment, the defendants who are Tanzanian citizens of Indian gender living on Mrima Street – Kisutu, Lohana Dar es Salaam are accused of four charges they committed on July 21, 2023.
In the first charge of injuring, Nathwani alone is accused on July 21, 2023 in the area of Mrima-Kisutu, Lohana district, within the Ilala District, Dar es Salaam, he illegally caused serious harm to Kiran Lalit by submerging his head his in a bucket of mixed cement.
Also, in the second charge of physical assault against Nathwani alone, on that date and place he caused physical harm to Lalit Ratilal by hitting him on the head, punching with his steel bangle that he was wearing and kicking him on the head and his chest till Lalit Ratilal lost consciousness.
It was alleged that in the third and fourth charges against Sangita alone, she is accused of uttering serious insults and abusive language against Lalit and Kiran, an act that created a disturbance in a manner that created a breach of peace.
