A 41-YEAR-OLD Gokwe man, who killed his neighbour by striking him with a log and an axe in a dispute over stray pigs, was yesterday fined $100 after being convicted of culpable homicide.
BY Stephen Chadenga
Landelani Tshuma of Simboti village under Chief Nemangwe in Gokwe South struck Gaboyi Gabi, aged 71 at time of death, in a fight over stray pigs.
High Court judge, Justice Martin Makonese said although the deceased was the aggressor, Tshuma was negligent in the way he conducted himself leading to the death.
Justice Makonese fined Tshuma $100 or in default, he would serve 12 months in prison. In addition, five years were wholly suspended on condition of good behaviour.
In passing sentence, Justice Makonese said although the offence would ordinarily attract a prison term, he had considered that the accused had spent six years waiting for trial and an accumulative period of four months in custody.
He also considered that accused was a first offender, who had shown remorse for his actions by paying compensation and also that deceased was the initial aggressor in the matter.
Prosecutor, Tafadzwa Mpariwa had told the court that on April 1, 2011 at around 3pm, the deceased’s pigs strayed into the accused’s homestead.
The accused went to the deceased’s homestead to engage him over the stray animals and a misunderstanding arose between the two men resulting in them trading harsh words.
The deceased armed himself with an axe and struck accused on the chin, chest and forearm.
The accused then picked a log and struck the deceased once on the head before he (deceased) fell to the ground.
The accused went on to grab the axe from deceased before striking the latter once on the leg and arm.
A neighbour, Simboti Chiyamuro stopped the fight and the deceased was ferried to hospital, but died on the same day from injuries sustained from the fight.