HB 132-18 THE STATE versus ARNOLD SHUMBA

THE STATE

versus

ARNOLD SHUMBA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 21 MAY 2018

 

 

Criminal Trial

 

 

T Mupariwa for the state

V Ndlovu for the accused

 

 

            MATHONSI J:          The accused person is charged with murder as defined in section 47 of the Criminal Law Code [Chapter 9:23] the allegations being that on 23 June 2012 he unlawfully caused the death of Taenzana Zhou, the deceased, by stabbing him twice in the stomach and once on the chest with a knife.  The accused pleaded not guilty to the charge but tendered a limited plea of guilty to culpable homicide which the state has accepted.

            According to the statement of agreed facts prepared by counsel the accused was aged 34 years at the time of the commission of the alleged offence.  He resided at Village Mabutho, Chief Mudavanhu, Mberengwa in the Midlands Province.  He is a member of the Police Constabulary Unit.  The deceased was aged 22 years at the time he met his death.  He resided at Village Tohwere, Chief Mudavanhu, Mberengwa.       On 23 June 2012 and at about 0700 hours, the accused’s wife, Raviro Zhou and Phillies Sikhala were walking to Maringambizi Secondary School through a foot path that passes through Siyabuza village.

            As they neared a borehole, they observed footprints on the ground which they suspected to belong to the accused person.  Raviro Zhou then indicated that judging by the footprints, it 

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