A HIGH Court judge has convicted a 27-year-old Binga man of culpable homicide after he fatally kicked a mate on the testicles during a soccer match.
Enock Dube of Mdinda village in Siabuwa pleaded not guilty to murder before Justice Andrew Mutema sitting on circuit in Hwange and was charged with culpable homicide after his lethal kick on Freddy Muchimba, 28.
He was sentenced to five years in prison for the crime of which two were conditionally suspended for five years.
Prosecuting, Namatirai Ngwasha told how on January 1 this year Dube was fielding players during a football match at Sinansengwe, when Clement Lunga and Byforce Mudenda got onto the field to talk to Emmanuel Lunga.
She said Dube advised the two to get off the field and they complied but later on Mudenda came back with Muchimba.
"Muchimba confronted Dube and hit him with a fist on the face. Dube immediately retaliated by hitting Muchimba with a bare fist on the left cheek and booted foot on the testicles leading him to fall down and lose consciousness," said Ngwasha.
She said Muchimba died before he could be transported to Siabuwa Rural Clinic.
Dube, through his legal counsel Tonderai Mukuku of Marondedze, Mukuku and Partners, said he acted out of self defence. "Muchimba was the aggressor in the unfortunate incident. If given the opportunity my client would do community service," pleaded Mukuku.
However, the state said Dube exceeded the bounds of self defence.
"Muchimba suffered heart failure. The court should protect the sanctity of life and encourage the public to practise anger management," said Ngwasha.
In passing the sentence, Justice Mutema said the court considered the element of provocation from Muchimba as a factor leading to his untimely death.