A MAN from Inyathi who fatally stabbed a fellow villager
with a spear after he caught him in bed with his wife, has been spared a
lengthy sentence after he was convicted of culpable homicide.
Kudzai Ncube (26) who pleaded not guilty to murder was
convicted of a lesser charge of culpable homicide and sentenced to 10 years in
prison by Bulawayo High Court Judge, Justice Martin Makonese who was on circuit
in Hwange last week.
Three years of the sentence were conditionally suspended
meaning Ncube will spend an effective seven years in prison for fatally
stabbing Tusimi Munkuli who was 24 years old at the time of his death. Justice
Makonese bemoaned the increase in crimes of passion arguing that disputing
parties should find alternative means of resolving issues than taking matters
into their own hands.
“Crimes of passion have increased, a development which is
of great concern to us. The courts must not send messages of self-help to
dispute. Upon knocking deceased was wearing an underwear while armed with a
chain before he engaged the accused in a physical confrontation. While the
court cannot take an armchair approach, it is also the court’s feeling that one
would rather lose a wife or husband than take away a life. Accused ought to
have used other means to resolve the dispute. However, he took matters into his
own hands resulting in the loss of life. Therefore the court will impose a
sentence that will balance the interests of justice,” said Justice Makonese.
According to statement of agreed facts between the State
led by Ms Memory Munsaka and the defence counsel’s Miss Cathrine Manyeza of
Ndove and Partners on 5 August 2018, Ncube proceeded to Bhebhe Mine in
Mhotshane area, Inyathi to pan for gold with his colleagues.
On the same day at around 11pm, Ncube’s wife, Ms Brenda
Tshuma proceeded to Mr Lovemore Dube’s homestead where Munkuli, who was her
boyfriend resided. Ncube returned home in the middle of the night and found his
wife not at home. He followed her footprints which led him to Mr Dube’s
homestead. Ncube knocked on Munkuli’s bedroom door where he was holed up with
Ms Tshuma. When Munkuli opened the door, he was only wearing underwear.
Ncube tried to force his way into the hut but was blocked
by Munkuli who was armed with a metal chain. Munkuli then struck Ncube on the
left shoulder twice. Ncube retreated to the gate where he armed himself with a
spear before returning to where Munkuli was standing still armed with a chain.
Munkuli then threw down the metal chain as the two wrestled
for the spear. During the tussle for control Munkuli was holding the pointed
end of the spear while Ncube got the other resulting in deceased being stabbed
on the neck. Munkuli then fled from the homestead before he was discovered
bleeding heavily from the side of the neck by Mr John Nkosana.
He was lying on the ground by the gate still wearing an
underwear. He died shortly from the wounds.
According the post-mortem report, Munkuli died as a result
of massive loss of blood caused by the rupturing of major blood supply arteries
on the neck as a result of stabbing by the spear. Sunday News
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