HWANGE — A Tsholotsho man was on Tuesday sentenced to six years in prison by the High Court for stoning a fellow villager to death at a beer drink following an argument over music.
Report by Richard Muponde
Thembelani Dube (25) pleaded not guilty to murder, but was convicted of culpable homicide by Bulawayo High Court judge Justice Lawrence Kamocha sitting at the Hwange High Court circuit.
“The essential element of culpable homicide was explained to you and your plea is genuine,” Justice Kamocha said.
“The court is satisfied. You are found guilty of a crime of culpable homicide and not guilty of a crime of murder.”
In mitigation, Dube, through his lawyer Donderai Mukuku, said he was heavily drunk after consuming eight litres of opaque beer alone in two hours.
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However, State counsel Memory Munsaka rejected his defence saying a life had unnecessarily been lost. She implored the court to guard jealously the sanctity of life.
She called for a sentence, which would send a strong message to youths that fighting at beer-drinking places was not advisable. Charges against Dube were that on June 2, he and the now deceased Polite Ncube were drinking beer at a bottle store in Tsholotsho with other patrons.
Dube had brought his own radio speaker, which was being used to play music from a radio by the owner of the bottle store.
During the course of the beer drink, Ncube went to the radio and began to play a selection of his favourite music.
This angered Dube who confronted him, leading to a quarrel.
The pair pushed and shoved each other before other patrons intervened to stop the fight.
Ncube then went outside and stood at the verandah. Dube followed him and armed himself with a stone, which he used to strike Ncube once on the head. He collapsed bleeding profusely. He was taken to hospital, but died the following morning from the injuries. A police report was made, leading to Dube’s arrest.