A 52-YEAR-OLD Hwedza man who fatally assaulted his daughter accusing her of being promiscuous was yesterday sentenced to 10 years in jail by High Court judge Justice Esther Muremba.
Nomore Makwinja denied the charge, insisting that he only disciplined his daughter Diana (16).
The deceased lost her life while about to sit for Ordinary Level examinations.
Makwinja will, however, serve five years after half his sentence was set aside on condition of good behaviour.
He was jointly charged with his sister and daughter’s namesake, Diana Makwinja (63) who was, however, cleared of wrongdoing.
During trial, Makwinja argued that a person cannot die as a result of being beaten on their backside.
Prosecutor Caroline Mutimusakwa submitted that Makwinja be convicted of murder because he perpetrated a persistent, protracted and vicious assault on Diana and failed to take her to hospital for medical attention.
The court heard that Diana was taken to hospital by police officers who received an anonymous call from concerned neighbours.
“In view of the foregoing, we find both accused persons not guilty and acquitted of murder. Accused one (Makwinja) is found guilty of culpable homicide as defined in section 47 of the Criminal Law (Codification and Reform) Act,” the judge ruled.
According to a post-mortem carried out on Diana’s body, it was discovered that she had developed an abscess in the backside, which caused an infection that later affected vital organs such as the liver, kidneys, lungs and the heart.