A RUSAPE man who was facing murder charges for fatally assaulting his brother with a burning log during a fight is now a free man after he was slapped with a wholly suspended sentence for culpable homicide.
Mutare High Court Judge, Justice Isaac Muzenda said although Jeffreys Kupfuma murdered his brother, Rewai, the deceased was violent and provocative.
He said on the night of July 23, 2020, Rewai went to confront Jeffreys at his homestead.
Justice Muzenda also took into consideration the fact that Jeffreys has been in custody since 2020, although he was granted $5 000 bail in 2021 but failed to pay the amount.
He was found guilty of culpable homicide and sentenced to three years imprisonment, which was wholly suspended for five years on condition of good behaviour.
Principal public prosecutor, Ms JaneRose Matsikidze said the two brothers were drinking beer together at a local bar before the fight broke out.
“On the day in question, the two brothers went for a beer drink in Kuruchengera Village and partied up to the early hours of the following day. Jeffreys left the bar alone and went home.
“Moments later, Rewai went to Jeffreys’ place and confronted him, accusing him of leaving him behind at the bar. An argument ensued, resulting in Rewai punching Jeffreys on the head and face. When Jeffreys retaliated, Rewai bit him on the finger and fled.
“Jeffreys pursued him, picked up a burning log and struck his brother on the head, felling him instantly. Rewai lost consciousness and Jeffreys retired to bed with his wife and mother.
“The following morning, Rewai was found at the same place where he had fallen down and ferried to the hospital where he was pronounced dead upon arrival. A post mortem concluded that he had died due to brain damage from the assault,” said Ms Matsikidze.
— Manica Post