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Daniel Nemukuyu Senior Reporter
A BULAWAYO-based soldier, who fatally assaulted his uncle over witchcraft allegations, has been jailed 15 years by the High Court.
Washington Majuru of Imbizo Barracks attacked his father’s brother after suspecting he was behind his failure to marry.
Majuru kicked and punched the old man while at the family’s rural home in Bindura. Justice Chinembiri Bhunu on Friday, ruled that the soldier’s actions amounted to reckless disregard for human life.
“The accused person being a soldier was undoubtedly aware that severely kicking a person on the head with army boots could result in death. “He must, therefore, have foreseen the possibility of death. His conduct in this regard, amounted to reckless disregard of human life. I accordingly find him guilty of murder with constructive intent,” ruled Justice Bhunu.
Harare lawyer Mr Albert Nyamufukudza, represented Majuru while Mr Tozivepi Mafuwa prosecuted. Facts are that on August 23 2012, Majuru, who was at his rural home in Madzvanga Village, Bindura, went to beer drink at Ms Nelia Jasi’s homestead. As they were drinking beer, he charged towards his uncle, Mr Charles Majuru, accusing him of witchcraft.
Majuru blamed his uncle for his failure to get married. He started kicking and punching the old man. Ms Jasi and others pleaded with Majuru but he would not stop.
The seriously injured uncle died on the way to hospital. Neighbours who tried to restrain Majuru were also beaten up.
In a defence outline read in court by Mr Nyamufukudza, Majuru denied the murder charges saying he beat his uncle but without the intention to kill him. He raised a defence of provocation and self-defence that the court dismissed as unsubstantiated. Majuru told the court that his uncle shouted at him. He claimed his uncle also attacked him with a catapult and he fought back as way of defending himself.
“The reason for assaulting him was to try and disarm him of the catapult that he was using to shoot at him after an altercation,” read the defence outline.
Online Reporter