adminThe boy, who was 16 at the time of the commission of the murder, pleaded not guilty to murder but guilty to culpable homicide before Bulawayo High Court judge Justice Martin Makonese on Monday.
Justice Makonese sitting with assessors, Mrs Elizabeth Chazanga and Mr Nehemiah Dube at the Hwange Circuit Court suspended three years of the boy’s sentence for five years on condition of good behaviour.
In sending the boy to jail the court found that he behaved like an adult by drinking beer at a tender age and that as such he needed to be treated like one.
Agreed facts are that on 6 June last year, Mpande Ngwenya, who was 22 years old, and the boy were drinking beer at Gida Bottle Store, Tshabanda Business Centre.
Towards the close of business for the night, Ngwenya stood up and ordered everyone to go to their homesteads.
The boy responded by telling Ngwenya to go alone and stop ordering everyone around.
Ngwenya was not amused by the boy’s response and a misunderstanding ensued. During the verbal altercation, Ngwenya advanced towards the boy and slapped him once on the cheek.
The boy ran away and stopped some distance away.
Ngwenya had not given chase but was throwing some stones at him.
The boy picked a piece of a broken brick and threw it at Ngwenya and it struck him on the forehead and he fell down and lost consciousness.
Ngwenya regained consciousness after some patrons had rendered first aid but he had a bruise on the forehead. He was later ferried to Nkunzi Clinic where he was treated and discharged.
His condition deteriorated and he died during the night.
According to the post-mortem report, Ngwenya died of intracranial haemhorrhage due to a skull fracture caused by an assault.
Ms Nonhlanhla Ndlovu of the Attorney General’s Office prosecuted while the boy was defended by Mr Robinson Mahachi, of T Hara and Partners.
Online Reporter