A 17-YEAR-OLD Zvishavane teenager, who fatally kicked his colleague following a row over a pair of trousers, was yesterday spared a custodial jail term after High Court judge, Justice Nicholas Mathonsi slapped him with a wholly suspended four-year sentence.
Stephen Chadenga
The juvenile, from Makwasha suburb in Zvishavane, who cannot be named on ethical grounds, kicked his then 17-year-old friend, Freddy Dombo, on the neck, leading to his death.
The court heard that the deceased had taken away the accused’s trousers, accusing him of failing to return a pair of socks he had borrowed.
Justice Mathonsi, sitting at the Gweru High Court Circuit, found the teenager guilty of culpable homicide before handing him a wholly suspended four-year sentence on condition of good behaviour.
He said evidence presented in court showed that the two had engaged in a fight, but that the accused acted negligently. Prosecutor Mirirai Shumba told the court that on February 24 last year, the accused and deceased were playing social football with colleagues at Gresham Primary School in Zvishavane.
The deceased walked out of the football pitch and proceeded to where accused’s clothes were placed and took a pair of trousers, saying he would hold on to the garment as surety until the latter returned his pair of socks.
The accused advanced towards the deceased, slapped him on the face several times, and the deceased retaliated in the same manner before picking up a stone.
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The deceased was, however, advised to put the stone down by a security guard at the school before the two exchanged blows.
As they were fighting, the deceased fell to the ground and the accused went on to kick him once on the neck with a bare foot.
The deceased fell unconscious and was rushed to Zvishavane District Hospital, where he died on admission.
