The ManicaPost
Liberty Dube
Post Correspondent
MUTARE High Court judge, Justice Jester Charewa has acquitted a Honde Valley man who fatally assaulted a fellow villager with a bamboo stick following a dispute over a $1 bet.
Justice Charewa’s verdict came after evidence presented in court proved that the deceased, Gift Muzerekeni (47), was the aggressor as he tried to take advantage of Oswell Nyamachorongwa’s age (22) to demand his money back after losing a game of draught, resulting in a scuffle.
The court ruled that Nyamachorongwa’s moral blameworthiness was low and convicted him of culpable homicide.
Nyamachorongwa was sentenced to three years imprisonment which was wholly suspended on condition that he does not commit a similar offence for five years.
The incident happened in Nyatsuro Village under Chief Mutasa’s in Honde Valley in 2019.
Nyamachorongwa, who was represented by Mutare lawyer, Mr Justin Fusire, was charged with murder as defined in Section 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
Prosecuting, Ms Jane-Rose Matsikidze said Nyamachorongwa and the late Muzerekeni used to stay in neighbouring villages, but were not related.
On October 13, 2019, the two met at Danga homestead and started playing a game of draught.
“In the course of their game, they decided to bet a $1 each in a winner takes all game. The accused won and grabbed the $2 bet money. However, Muzerekeni was unhappy and demanded his money back. The accused refused and a scuffle ensued.
“The accused escaped from the room and the deceased pursued him. Nyamachorongwa picked a bamboo stick and attacked the deceased with it. He only stopped following the intervention of another villager.
“The deceased filed a report for assault to the police and sought medical attention at Hauna District Hospital where he was referred to Victoria Chitepo Provincial Hospital for further management,” said Ms Matsikidze.
At Victoria Chitepo Provincial Hospital, a scan was recommended, but the deceased could not afford it.
He passed on at home on October 31.
A post mortem examination concluded that the death was due to severe abdominal trauma.
