A 40-year-old Chiweshe man has been sentenced to nine years in jail for fatally assaulting his nephew — Prosper Mutandiri — who was in an extra-marital affair with his wife.
Regedzai Karimazondo was initially brought before the High Court together with his two brothers, Brighton and Spencer, facing culpable homicide as defined in Section 49 of the Constitution.
However, Karimazondo’s brothers were acquitted.
In passing the sentence, Justice Tawanda Chitapi suspended three years on condition Karimazondo does not commit a similar offence.
Justice Chitapi said the crime had been committed under a fit of rage and intense emotion.
“Since you are educated up to grade 7, you are warned that the Constitution is the mother of all laws as the nature of this offence requires a custodial sentence which normally ranges from a life in jail sentence or less to $11 400 fine.
“However, where human life is lost the courts should send a message to the public that one should not take the law into his hands,” Justice Chitapi said in passing the judgment.
The State led by Mr Albert Masamha proved that on 11 February last year, Karimazondo sent a text message to Mutandiri inviting him purporting to be Karimazondo’s wife, Rutendo Mutukura.
It was also proved that the deceased then proceeded to the accused person’s homestead around midnight on the same day.
“The deceased was apprehended by Karimazondo and tied on the legs with a metal chain,” proved Mr Masamba
“The deceased confessed having an extra-marital affair with the accused person’s wife.
“This prompted Karimazondo to assault the deceased several times all over his body with a wooden stick and he also poured very cold water on the deceased.”
Masamba told the court that after the repeated beating, Karimazondo realised the potential danger to the life of Mutandiri and tried to warm him near a fire place.
An autopsy report showed that Mutandari died as a result of traumatic shock, internal bleeding and multiple injuries.