MAKONESE J: The accused is facing a charge of murder, it being alleged that on
the 13th September 2011 and at Village Balapa, Headman Sikombingo,
Chief Sogwala, Lower Gweru, the accused wrongfully and unlawfully and with
intent to kill Mkhumbuzi Bhebhe, a male adult aged 20 years, did stab him with
a knife on the left side of the chest, realising that there was a real risk
that his conduct may cause death, thereby inflicting injuries that resulted in
his death.
The accused pleaded not guilty to the
charge of murder and tendered a limited plea of culpable homicide. I
entered a Not Guilty plea with respect to the charge of murder.
The State and defence tendered with
evidence as Exihibt 1 a statement of Agreed Facts. The facts that are
common cause in this matter are that on the day in question the accused person
who was aged 16 years at the time stabbed the deceased once with a knife blade
in the chest thereby causing injuries that led to the death of the deceased.
It is not in dispute that at around 2130
hours the deceased met the accused person along a footpath close to Village
Mgatshwa. The accused was coming from a church service in the company of
his friends, namely Jimson Ngwenya, Prince Dube, Luckyboy Mtasa, Prosper Mbambo
and Admire Sibanda. The deceased indicated to the accused and his friends
that he had observed thorns in the mortar he had prepared for moulding bricks
and suspected that it was of them who had put the thorns. This resulted
in an altercation and the deceased slapped the accused on the face. The
deceased and accused exchanged blows but ultimately deceased overpowered the
accused. This resulted in the accused producing a short sharp knife blade
which he used to stab the deceased once in the chest. The stab wound led
to fatal consequences. The deceased fall down after walking a few metres
in the direction of his home. He got up and tried to walk but fell down
again. Sipho Mpofu, and Jimson Ngwenya then ferried the deceased to his
home. The deceased was unable to speak but was groaning. He later
died that same day.
The State led viva voce evidence
from one witness Admire Sibanda who is a male juvenile from village Mgatshwa in
the lower Gweru Area. This witness testified that deceased confronted him
and the accused and accused them of placing some thorns on or upon his
bricks. This led to a misunderstanding which resulted in the deceased
challenging the accused to a fight. The witness said that deceased was
the aggressor because he slapped the accused and thereafter there was an
exchange of blows. The accused was overpowered because of his
youthfulness and apparent smaller built to that of the deceased person.
The witness said that after the parties had struggled with each for about 5
minutes he heard deceased saying that accused had stabbed him. He saw
deceased falling down and trying to walk towards his home. The deceased
fell down and was ferried from the scene of the crime by Sipho Mpofu, Prince Dube
and Jimson Ngwenya. The evidence of the witness was straight forward in
all material respects and was credible.
The State produced by consent a Post
Mortem Report by Dr Sanganayi Pesanai which was tendered as Exihibt 2.
The results on the Post Mortem are as follows:
“Cause of death:-
(1)
haemorrhagic shock
(2)
perforated heart
(3)
stab wound
(4)
“Homicide “.
The State further sought and obtained formal admissions of the evidence of the
following witnesses in terms of section 314 of the Criminal Procedure and
Evidence Act[Chapter 9:07]:-
(1)
Prince Dube
(2)
Jimson Ngwenya
(3)
Luckboy Matwasa
(4)
Sipho Mpofu
(5)
Edgal Mthumbi
(6)
Welcome Ndlovu
(7)
Lazarus Mpande
Having examined the evidence led by the State and the admitted evidence we
concluded that the State had properly conceded that limited plea of guilty with
respect to culpable Homicide was appropriate.
Accordingly the accused person is found not guilty and acquitted on the charge
of murder. The accused is however convicted of culpable homicide in
accordance with his limited plea.
Sentence:6 years imprisonment with labour with 2 years imprisonment suspended
on the usual conditions.
Criminal Division, Attorney General's
Office, state's legal practitioners
Chivasa
and Associates, accused person's legal practitioner
