A 36-year-old Gokwe man, Edmore Gambagamba, has been sentenced to 18 years in prison for fatally stabbing a fellow villager following an argument over a cap.
High Court judge Justice Lawrence Kamocha found Gambagamba guilty of murder with constructive intent during a High Court circuit trial in Gweru yesterday.
The court heard on July 15 2008, Gambagamba stabbed Nation Nyatsunga (34) following a brawl over a cap the latter was wearing.
The incident occurred at a traditional beer drink in Chikwanda village, Chief Chireya area in Gokwe North. Nyatsunga confronted Gambagamba demanding he hands back the cap.
When Gambagamba resisted, Nyatsunga attempted to grab it, resulting in a tussle.
In the ensuing mêlée, Gambagamba pulled out a pocket knife and stabbed Nyatsunga once on the neck and fled the scene.
Nyatsunga collapsed and died on the spot. A postmortem report revealed the cause of death was haemorrhagic shock and a stab wound to the throat.
In passing sentence, Justice Kamocha said even though there were extenuating circumstances in that the deceased had provoked the accused, the court still found him guilty for killing a human being over a petty issue.
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“I don’t agree with defence counsel for a custodial sentence of seven years or even the State counsel suggestion for sentence in the region of 12 to 15 years.
“Had it not been for the mitigatory features presented accused would have gone to jail for a period not less than 20 years,” he said.
“Even when there are extenuating circumstances, someone can be sentenced to life imprisonment for murder,” said Justice Kamocha. Dorcas Shirichena represented Gambagamba while Dianah Msipa prosecuted.
