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Brothers appeal 10-year sentence for attempted murder


TWO Gokwe brothers are appealing against a 10-year jail term each they were slapped with last year after being convicted of attempting to murder their uncle after a dispute over a piece of land.


The two, Musa and Kudakwashe Rukuni — both aged 28 — have filed an appeal at the High Court against both conviction and sentence after they were found guilty of attempting to kill Chibaya Rukuni two years ago.

They were, however, jailed for effective six years each after Gokwe regional magistrate suspended four on the condition of good behaviour.

The incident leading to the two men’s incarceration occurred at Makotore business centre on December 22 2012 when Chibaya and the Rukuni brothers were drinking beer at the shops.

The court heard that Chibaya was the headman at Chibaya Village under Chief Chireya in Gokwe North.

Given the close relationship, the court heard, the men started discussing family issues which included a dispute over a piece of land.

However, a misunderstanding erupted between Chibaya and his brother’s sons leading to a fist fight.

The Rukuni bothers took turns to batter their uncle with fists and booted feet indiscriminately all over his body, resulting in him sustaining life-threatening injuries.

They were later restrained by one Clemence Mubhawu, a shop keeper. The two left for their home leaving Chibaya lying on the ground in agony.

In their appeal, however, through their lawyer Sharon Hofisi, the Rukuni brothers argued that the magistrate misdirected himself on both fact and law in convicting them of attempted murder when the State had not discharged the required onus of proof beyond reasonable doubt.

They further said he also misdirected himself when he held that they too were not assaulted by Chibaya which misdirection was to their detriment.
The matter is set to be heard on Monday next week.

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