TWO teenage boys from Christon Bank, about 30 km north of Harare have been sentenced to 20 years imprisonment each for fatally stabbing a fellow teenager during a game of cards.
The two aged 16 and 17 (not named for legal reasons) had denied the murder charge, but pleaded guilty to culpable homicide.
ln analysing the evidence High Court judge Justice Esther Muremba said the two knowingly stabbed the deceased on vulnerable parts of his body using a sharp object.
"From the evidence led from the State witnesses, we are satisfied that the accused persons were armed with knives.
"The accused persons wanted to sell the story that the dispute with the deceased was over a lady, one Sabina whom the deceased was claiming to be in love with and accused the first accused of dating that lady as well. None of the State witnesses confirmed this story," the judge said.
"The deceased was not armed with any weapon. So, retaliating with knives was not warranted. The defence of provocation does not suffice in the circumstances of his case."
"In view of the foregoing, we are satisfied that the accused persons intentionally murdered the deceased. We find them guilty of murder as defined in s 47 (1) of the Criminal Law Code," the judge ruled.
"A murder which is committed in aggravating circumstances has a presumptive penalty of 20 years’ imprisonment under the Sentencing guidelines S.I. 146 of 2023 and a mandatory minimum penalty of 20 years’ imprisonment under s 47(4)(a) of the Criminal Law Code.
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"In view of the foregoing, each accused is sentenced to 20 years’ imprisonment."
According to court papers, on May 6 last year at Nduna tuckshop within the SAS Mine compound in Mazowe the two were engaged in a card game when the 17-year-old accused was addressed by the name “Goredema.”
The court heard that Edward Karinda, who was present, inquired about the number of names the second accused had, leading to a heated verbal exchange.
The conflict escalated, drawing in the 16-year-old accused and Karinda’s friend, Takunda Beketi.
The tension escalated when the now deceased, who had been observing the events from a distance, taunted the accused, resulting in a physical confrontation.
In the ensuing melee, the 16- year- old accused stabbed the deceased in the chest, while the second inflicted a wound on his back.
The accused then fled the scene after committing the heinous act as well-wishers rushed the now-deceased to Christon Bank Clinic and later to Parirenyatwa Group of Hospitals.
The deceased was pronounced dead on arrival at the hospital.
In their defence, the teen murderers argued that they lacked maturity and lack of education at the time they committed the offense.
They also claimed that the deceased provoked the fight, but the court dismissed their defence.
The State led evidence from five witnesses who were at the scene. It also led evidence from police officer Costa Maonya, and from Doctor Solomon Muzenda who examined the remains of the deceased and compiled the post -mortem report.
