HB 031-18 THE STATE versus HATIFANANI COMRADE MUTUNAMI

THE STATE

versus

HATIFANANI COMRADE MUTUNAMI

 

 

HIGH COURT OF ZIMBABWE

MOYO J

GWERU 5 FEBRUARY 2018

 

 

Criminal Trial

 

M Shumba for the state

Ms K Mahereni for the accused

 

 

            MOYO J:       The accused person faces a charge of murder it being alleged that on 24 March 2011 the accused assaulted the deceased Johannis Mbelengwa on the head twice with a stick, resulting in his death from the injuries sustained in that assault.  The accused pleaded not guilty to the charge of murder but instead tendered a limited plea to the charge of culpable homicide.  The state counsel accepted that plea and rightly so.  The two parties prepared and signed a statement of agreed facts which was tendered before this court and marked exhibit 1.

            The post mortem report was also tendered and marked exhibit 2.  It gives the case of death as skull fracture with concurrent head injury.

            The material aspects of the statement of agreed facts read as follows:

1.         Hatifanani Comrade Mutunami (hereinafter called the accused) was aged 24 years at the time of the commission of the alleged offence.  He resided at village Murenga, Chief Nemangwe Gokwe South in the Midlands Province.

2.         Johannis Mbelengwa (hereinafter called the deceased) was aged 24 years at the time he met his death.  He resided in the same village with the accused.

3.         The deceased was accused’s nephew.

4.         On the 24th of March 2011 and at around 1000 hours, the accused and other relatives were at Mangisi homestead drinking beer.

 

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