HB 026-18 THE STATE versus DINGILIZWE DUBE

THE STATE

versus

DINGILIZWE DUBE

 

 

HIGH COURT OF ZIMBABWE

MOYO J

GWERU 6, 7 AND 8 FEBRUARY 2018

 

 

Criminal Trial

 

S Pedzisayi for the state

P Mabukwa for the accused

 

 

            MOYO J:       The accused person faces a charge of murder.  It being alleged that on 17 August 2017 he set alight a bedroom hut at Amson Dlomo’s homestead, resulting in the four deceased persons namely Progress Dlomo, Preference Dlomo, Presence Dlomo and Peculiar Dlomo dying in the inferno.  He pleaded not guilty to murder but pleaded guilty to culpable homicide, a lesser charge.

 Documentary exhibits were tendered in the following manner, the state summary, the defence outline, the accused’s confirmed warned and cautioned statement, the four post mortem reports relating to all the deceased.

            Also tendered were to by 5litres containers, a green woolen hat, a box of matches,  a red T-shirt, a red miner’s torch and a machete.  All the exhibits were duly marked.

            The evidence of Arrance Sibanda, Eliza Tsuro, Perceive Dlomo, Ernest Sibanda, Autilia Moyo, Phineas Chikwingo, Malvern Muzivi, Cornelius Dale, David Tizauone and Dr S. Pesanai was admitted into the court record as it appears in the state summary in terms of section 314 of the Criminal Procedure and Evidence Act [Chapter 9:07].

            Privilege Dlomo gave viva voce evidence on behalf of the state.  The material aspects of her evidence are similar to that of the defence, save for the fact that while she insisted accused was a violent person, accused denied this.  For the defence, accused and his first wife Keresencia Munechi gave evidence.

 

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