Man killed over $1

14 Jul, 2019 - 00:07 0 Views
Man killed over $1

The Sunday News

Fairness Moyana in Hwange

A MAN from Binga died after two brothers teamed up to hit him all over the body including on his private parts in a dispute over $1.

This emerged last week when the two brothers escaped a lengthy sentence after being convicted of culpable homicide when they appeared before Bulawayo High Court judge, Justice Martin Makonese sitting on circuit in Hwange last week

Takwana and Naison Sibanda who were 23 and 38 years old respectively at the time of the crime both from Guten Village, Chief Siabuwa in Binga were sentenced to six years for causing the death of their 46-year-old cousin, Charles Chama Muzamba.

Justice Makonese described the brothers’ conduct of kicking Muzamba in the groin as barbaric while decrying the increase in violence over petty matters.

“The courts mourns the lack of self-control which has led to the unnecessary loss of life. The moral blameworthiness is not high considering that accused one (Takwana) was attacked over a dollar debt.

“While the court has taken into consideration that deceased acted irresponsibly there was a need to exercise self-control.

“The court also appreciates that the three had been drinking prior to the incident. Violence which leads to loss of life attracts a lengthy term of imprisonment not called for.

“Observations are that kicking of deceased by accused two (Naison) was barbaric, a person who targets a man’s testicles is not only cruel but must be ashamed of himself.

“The conduct of both contributed to the death of deceased therefore you are found not guilty of murder but guilty of culpable homicide and sentenced to six years imprisonment each,” said Justice Makonese.

The court heard that on 10 May 2018 at about 4pm, the two brothers and now deceased were at Chitekete place, Muyobe Village under Chief Siabuwa in Binga drinking beer.

Takwana and Muzamba had a misunderstanding over a $1 debt which degenerated into a fist fight after the latter was angered and attacked his cousin for failing to pay him back.

However, Takwana overpowered Muzamba before his elder brother, Naison joined in the attack taking turns to kick their cousin all over the body with booted feet.

They kicked him in the abdomen with Naison delivering a blow targeting Muzamba’s private parts before they were restrained. Muzamba who was injured died two days later on admission at Binga District Hospital.

According to the post-mortem report the cause of death was an inflammation of the peritoneum, the tissue that lines the inner wall of the abdomen and covers and supports most of the abdominal organs as well as perforation in the small bowel as a result of the assault.

The duo who had offered a limited plea of a lesser charge of culpable homicide argued that they had acted out of defence after Muzamba attacked them. Ms Memory Munsaka appeared for the State while Mr Charles Muleza from Legal Aid Directorate represented the brothers.

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