Three years jail for beat­ing dad to death

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda

A BINGA man who fa­tally as­saulted his fa­ther fol­low­ing a dis­pute has been sen­tenced to an ef­fec­tive three years in jail. Any­way Mu­denda (25) of Pashu area who was ini­tially charged with mur­der in con­nec­tion with the death of his fa­ther, Mr Fand­son Gamela Mu­denda (49) was con­victed of a lesser charge of cul­pa­ble homi­cide by Bu­l­awayo High Court Jus­tice Nokuthula Moyo on cir­cuit in Hwange.

He was sen­tenced to five years in jail of which two years were sus­pended for five years on con­di­tion that he does not within that pe­riod com­mit a sim­i­lar of­fence.Any­way struck his fa­ther on the stom­ach us­ing a log in Fe­bru­ary this year.

In her judg­ment, Jus­tice Moyo said af­ter Any­way said he had not in­tended to kill his fa­ther, there was need to give him the ben­e­fit of doubt.

“The court adopts the ac­cused per­son’s ver­sion of the nar­ra­tion of the events of that par­tic­u­lar day. A sin­gle blow in the stom­ach can­not be said to be in­ten­tional and even the na­ture of the in­juries show that the at­tack was not in­ten­tional. It is for these rea­sons that we find the ac­cused not guilty of mur­der and ac­cord­ingly con­victed of cul­pa­ble homi­cide,” ruled the judge.

In pass­ing the sen­tence, Jus­tice Moyo be­moaned an up­surge in do­mes­tic vi­o­lence re­lated crimes, say­ing the courts have a duty to pro­tect the sanc­tity of hu­man life.

“Do­mes­tic vi­o­lence is a mon­ster that is grow­ing in our so­ci­ety where peo­ple are now butcher­ing each other within their fam­ily set ups. The fam­ily in­sti­tu­tion is fail­ing to man­age feuds in their re­spec­tive house­holds re­sult­ing in un­nec­es­sary loss of life over petty dis­putes,” said the judge. She said the fact that Any­way will be haunted by the death of his fa­ther was enough pun­ish­ment for him.

“Ac­cused per­son killed his own fa­ther and he shall for­ever be haunted by his ab­hor­rent ac­tions. He is now fa­ther­less by virtue of fail­ing to ex­er­cise self-re­straint. He failed to hon­our his par­ents as the Bi­ble clearly states and will re­gret his ac­tions for the rest of life,” said Jus­tice Moyo.

Pros­e­cut­ing, Ms Me­mory Mun­saka said on Fe­bru­ary 18 this year at around 9.30PM, the de­ceased who was mar­ried to two wives was com­ing from his first wife, Ms Regina Mumpande’s bed­room hut and go­ing to the sec­ond wife’s Ms Ge­orgina Munkuli’s hut when he met his son. The court heard that Any­way who had an undis­closed long stand­ing do­mes­tic feud with his fa­ther, struck the de­ceased once on the stom­ach and he fell down.

“The de­ceased fell down and Ms Mumpande heard him scream­ing for help and she rushed to the scene and by the time she ar­rived Any­way was al­ready flee­ing,” said Ms Mun­saka.

Mr Mu­denda was rushed to Pashu Clinic where he died the fol­low­ing day. A re­port was made to the po­lice lead­ing to Any­way’s ar­rest. In his de­fence through his pro deo lawyer, Mr Knowl­edge Din­gani of Ml­weli Ndlovu and Part­ners, Any­way said he was drunk when he com­mit­ted the of­fence. Any­way said he had no in­ten­tion of killing his fa­ther but acted reck­lessly when he wrested the log from his fa­ther and used it to at­tack him.—@mash­nets

Any­way Mu­denda

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