HIGH COURT OF ZIMBABWE
HARARE, 8 & 9 March and 16 April 2018
ASSESSORS: 1. Mr Kunaka
2. Mr Jemwa
A Muzivi, for the State
Ms P Mutimudye, for the accused
TSANGA J: The accused Robert Tevedzayi is charged with the murder of his wife, Abigail Chindavata. She was a mother to his five sons. She was only 36 years old. The two had been married for about fifteen years. Her husband is alleged to have assaulted her to death using a hoe, an axe and a metal bar in their bedroom on the night of 12th -13th of March 2017. The incident happened at Village 3 Maryland Farm Compound, Macheke. He pleaded not guilty to the charge. In two sentences he provided his defence outline. He had walked into the house and had seen his wife with a lover. The lover and his wife had started attacking him and in self-defence he resisted the attack. During the course of the trial he further added intoxication to his line of defence. In addition, his far lengthier warned and cautioned statement was also before the court as exh 2.
The post-mortem report by Dr Javangwe was admitted in evidence as exh No.1. It gave a detailed description of the injuries that had been inflicted and concluded that she had died of severe head injury consistent with mixed blunt / sharp objects. She also had face injuries. One of her ears according to the report had been hacked off.
The evidence of her friend Dainah Matyora who had attended the scene after the fatal attack as well as that of the Investigation Officer Panganayi Chando who attended the crime scene was not in dispute and was admitted in evidence in terms of s 314 of the Criminal Procedure and Evidence Act [Chapter 9:07]