A MHANGURA village head has been sentenced to six years imprisonment for fatally attacking a 75-year-old man who had demanded his chicken that had been given to a traditional healer.
Clemence Chikazhi will serve an effective four-year jail term after Chinhoyi High Court judge Justice Philda Muzofa suspended two years on condition of good behaviour.
Chikazhi was convicted on a lesser charge of culpable homicide.
The court heard that on July 24 this year at Dugeni shopping centre, Chikazhi assaulted Philip Mashava after the two had an altercation in a shop over space.
While at the counter, Mashava asked Chikazhi to refund the chickens he paid to the traditional healer and the latter grabbed him by the collar before they were restrained.
Mashava left the shop and Chikazhi followed him before striking him with booted feet and a brick.
Chikazhi denied the charge but admitted grabbing the deceased by the collar.
ln his defence, Chikazhi said Mashava had demanded the chickens he paid during a cleansing ceremony by a traditional healer commonly referred to as tsikamutanda invited by the deceased.
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However, the State submitted evidence of Doctor Nyamdela, Costa Nhambura, Doctor Gomera, Elson Madhuku and Willard Mubatapasango.
Mubatapasango told the court that he received a report of attempted murder from Mathew Ostane and the victim was admitted at Makonde Christian Hospital for treatment.
He said he was later transferred to Chinhoyi Provincial Hospital where he died.
Mubatapasango arrested Chikazhi and recorded a statement and the accused made indications in the presence of Constable Madhuku.
Justice Muzofa ruled that there was no doubt that the accused and the deceased had an altercation inside the shop.
“We must assess the credibility of the witnesses’ evidence. Each version must be tested against objective evidence where it is available.
“The evidence is also tested against the rest of the evidence before the court. Thereafter the available evidence must be looked at as a whole. The court must not rely on one piece of evidence.
“Ostane was candid in our view. He did not know how the deceased fell to the ground. But he saw the accused kicking the deceased and striking him with a brick.
“He found the deceased already on the ground. If he was malicious he could have even told the court that the accused hit the deceased and he fell to corroborate Zvaipa. He did not do so. We, therefore, do not believe he embellished his evidence. He is a credible witness.”
The judge said there was overwhelming evidence that the accused caused the deceased’s fall and he struck him while on the ground saying the cause of death was massive cerebral oedema which is swelling of the brain.
“In this case the accused struck the deceased once and he fell, then he struck him once with a half-brick and kicked him with booted feet.
“As already stated there is a high probability that the deceased sustained the fatal injury when he fell on his back after being struck with a fist.
“We do not believe the booted feet and the half-brick caused the injury. The deceased could have sustained the fatal injury when he fell on his back and hit his head on some hard surface. By this conduct the accused lacked both the actual and legal intention to cause the death of the deceased.”
He said Chikazhi was negligent in dealing with the deceased.
“Accordingly, he is acquitted of murder. He is found guilty of culpable homicide in contravention of s49 of the Criminal Law Code,” the judge said.
