Juvenile to serve 4 years for culpable homicide

The villager had accused the juvenile and his friends of placing thorns in his mortar for moulding bricks.

The 17-year-old juvenile, who is from Balapa Village under Chief Sogwala, Lower Gweru, appeared in the High Court which is in circuit in Gweru on Friday last week to answer a charge of murder.

Justice Makonese sitting with assessors, Messrs Jameson Lex Dhlula and Wellington Takawira Matemba convicted him of a lesser crime of culpable homicide and sentenced him to six years in prison.

However, the juvenile, who was represented pro deo by Mr Joseph Mahamba, of Mahamba and Associates, will serve an effective four years in prison after Justice Makonese suspended two years of his sentence for five years on condition of good behaviour.

The court also took into consideration that the juvenile had already spent more than a year in remand prison when passing the sentence.

For the State, Mr Tafadzwa Mpariwa said on 13 September 2011, the juvenile, who was aged 16 years, was coming from a church service with his friends when he met Mukhumbuzi Bhebhe along a footpath close to Mgatshwa Village at about 9.30pm.

Bhebhe, who resided in the same village with the juvenile, was coming from the opposite direction.

Mr Mpariwa said Bhebhe indicated to the juvenile and his friends that he had observed some thorns in the mortar that he had prepared for moulding bricks.

He said Bhebhe told the juvenile and his friends that he suspected them of placing the thorns in the mortar. Mr Mpariwa said an altercation ensued.

The court heard that Bhebhe was directing his questions to the whole group, but it was the juvenile, who challenged Bhebhe to pinpoint his suspect.

Mr Mpariwa said Bhebhe then asked the group if the thorns had been put by a tokoloshi, since no one owned up.

A witness, Prince Ncube, who was part of the group, suspected by Bhebhe to have placed thorns in his mortar told the court that Bhebhe stated that he was going to take bricks that belonged to the witness and the juvenile.

He said another member of the group, Luckboy Matwasa pleaded with Bhebhe not to do that.

The chaos continued and at one time four members of the group wanted to fight Bhebhe as tempers flared.

During the chaos, Ncube heard Bhebhe crying out that he had been stabbed.

Ncube, who was at a distance together with the other group members rushed to Bhebhe only to see the juvenile running away from the scene. Ncube demanded that the juvenile leave the knife, but he ran away.

The witness saw Bhebhe falling down, tried to pick himself up again before falling down again. Bhebhe was at that time unable to speak, as he was just groaning.

Other members of the group made Bhebhe to lie down against the kitchen hut where he later died.

The matter was reported to the police at Maboleni Police Station leading to the juvenile’s arrest.

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