adminMashudu Netsianda Senior Court Reporter
A BULAWAYO man fatally crushed his drinking mate’s head onto a concrete slab before attempting to commit suicide by throwing himself in front of an oncoming car.
Themba Masuku, 38, of Njube, pleaded not guilty to murder with actual intent before Bulawayo High Court judge, Justice Andrew Mutema yesterday and was convicted of culpable homicide.
He was sentenced to three years in jail of which one year was conditionally suspended for five years.
Passing sentence, Justice Mutema, who was sitting with assessors Agnes Dhlula and Annette Moyo, took into account that Masuku was provoked by the deceased.
He also noted that both Masuku and the deceased were drunk at the time the crime was committed.
“This is an unfortunate case of culpable homicide, which only started off as a drinking spree between accused and deceased, but later on turned sour and nasty. The deceased lost his life under unfortunate circumstances,” said Justice Mutema.
“It’s clear both accused and deceased were partaking alcoholic beverages, which resulted in mental intoxication. The deceased struck the accused twice with an axe on the head and that provocation cannot be underestimated.”
The judge lamented an increase in cases of violence during beer drinking and called for stiffer sentences on perpetrators. “There is violence in our society as people continue to lose lives during disputes over beer. The courts must uphold the sanctity of human life and therefore a deterrent sentence is the most appropriate one,” he said.
“The court does not condone violence and there is need for people to exercise self-restraint in the event of disputes. The accused is therefore sentenced to an effective two years in prison.”
State counsel Simbarashe Timothy Makoni narrated how on the night of September 12, 2013, the unidentified deceased and Masuku were drinking beer together with their friends when an altercation ensued over who was to buy the next round.
“The deceased was drinking with Masuku and Mbonisi Tshunga at the deceased’s house when a quarrel broke out. Tshunga said he had just left to buy more beer when he was called by the deceased’s niece, telling him that his uncle and Masuku were fighting,” he said.
Tshunga managed to restrain the two from fighting but when Masuku had left the house the unnamed deceased emerged with an axe and followed him.
The two wrestled for the axe and Tshunga again intervened and managed to take the weapon away from the deceased.
The deceased repossessed the axe and struck Masuku twice on the head using the blunt side of the tool.
Masuku tripped him and sat on his chest and grabbed his neck and twisted it. He went on to smash the deceased’s head onto a concrete slab.
Soon after committing the crime, Masuku fled and tried to commit suicide by throwing himself in front of an oncoming car along Luveve Road.
He was however, apprehended by members of the public and handed over to the police leading to his arrest.
Masuku was represented pro-deo by Nozabelo Ndlovu Cheda and Partners Legal Practitioners.
Online Reporter