HIGH Court judge Justice Joseph Musakwa on Monday spared a Chinamhora man from a lengthy prison term, but slapped him with an effective three-year jail term for culpable homicide.
Report by Charles Laiton
Dalecarnagie Masaya (22) of Zimbiru village, Chief Chinamhora, fatally struck Empson Zindoga (27) on November 21 2010 over accusations of disrespect.
The late Zindoga’s relatives could not hide their emotions as they openly wept in court after Masaya pleaded guilty to causing his neighbour’s death and was slapped with four years in jail, of which one year was conditionally suspended.
Masaya told Justice Musakwa that on the day in question, he was at a beer drink with Zindoga at Mverechena Business Centre when an altercation broke out after the now deceased accused him of not respecting him.
The court heard that a fist fight broke out before the two were restrained by other villagers following which Zindoga left for his residence.
Apparently after the brawl, Masaya proceeded to report the matter at the nearest police post and was ordered to bring Zindoga with him to the post.
However, when Masaya went to convey the message at Zindoga’s homestead, the two engaged in yet another fight, prompting Masaya to strike Zindoga with a stone in the head.
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Masaya disappeared from the scene leaving Zindoga in a pool of blood. Zindoga was later ferried to Makumbe Hospital where he later succumbed to the injuries. In his mitigation before sentence, Masaya told the court that he was married and his wife was seven months pregnant and pleaded for a non-custodial sentence.
But prosecutor Public Mpofu urged the court to consider a stiffer penalty, arguing that Masaya should not have made his wife pregnant, knowing he had a pending serious case that warranted a jail term.
