News / National
Man jailed for causing child's death during fight with wife
26 Sep 2013 at 03:20hrs | Views
A 23-year-old Masvingo man has been sentenced to an effective four years in jail for causing the death of his one-year-old child during a fight with his wife.
Phinias Dziva of Plot 40 Sellcamp pleaded not guilty to a charge of culpable homicide but was convicted by Masvingo regional magistrate Mrs Judith Zvuyu on Monday.
Dziva was sentenced to six years in jail of which two years were suspended for five years on condition of good behaviour.
In mitigation Dziva told the court that his child did not die as a result of the fight with his wife.
He argued that the child, Tawanashe, had yellow fever and was no longer feeding on his mother's breast milk due to the condition.
The prosecutor, Ms Moreblessing Rusere, said on 7 October last year at about 10pm, Dziva's phone rang while he was sleeping with his wife, Ms Getrude Moyo in their bedroom.
Dziva woke up and went outside to answer his phone.
The court was told that Ms Moyo became suspicious and followed her husband and found him on the phone.
She tried to grab the cellphone from Dziva as she suspected that her husband was talking to his girlfriend, resulting in a dispute.
Dziva became angry and picked up a stick and struck Ms Moyo and she fled back to the house.
The court was told that Ms Moyo later stormed out of the house while holding Tawanashe.
She shouted at Dziva accusing him of disrespecting her by talking to his girlfriend in her presence.
This further angered Dziva and he kicked Ms Moyo on the chin resulting in her falling down together with the child and he started crying.
Ms Moyo took the child to the bedroom and placed him on the bed.
The couple managed to resolve the issue and retired to bed without noticing that Tawanashe had already died, the court was told.
The couple only realised that their child was dead the following morning.
Dziva phoned his in-laws who on arrival at the couple's home were told what happened by Ms Moyo.
A report was made to the police leading to Dziva's arrest.
In mitigation Dziva told the court that his child did not die as a result of the fight with his wife. He argued that the child, Tawanashe, had yellow fever and was no longer feeding on his mother's breast milk due to the condition.
Phinias Dziva of Plot 40 Sellcamp pleaded not guilty to a charge of culpable homicide but was convicted by Masvingo regional magistrate Mrs Judith Zvuyu on Monday.
Dziva was sentenced to six years in jail of which two years were suspended for five years on condition of good behaviour.
In mitigation Dziva told the court that his child did not die as a result of the fight with his wife.
He argued that the child, Tawanashe, had yellow fever and was no longer feeding on his mother's breast milk due to the condition.
The prosecutor, Ms Moreblessing Rusere, said on 7 October last year at about 10pm, Dziva's phone rang while he was sleeping with his wife, Ms Getrude Moyo in their bedroom.
Dziva woke up and went outside to answer his phone.
The court was told that Ms Moyo became suspicious and followed her husband and found him on the phone.
She tried to grab the cellphone from Dziva as she suspected that her husband was talking to his girlfriend, resulting in a dispute.
Dziva became angry and picked up a stick and struck Ms Moyo and she fled back to the house.
The court was told that Ms Moyo later stormed out of the house while holding Tawanashe.
She shouted at Dziva accusing him of disrespecting her by talking to his girlfriend in her presence.
This further angered Dziva and he kicked Ms Moyo on the chin resulting in her falling down together with the child and he started crying.
Ms Moyo took the child to the bedroom and placed him on the bed.
The couple managed to resolve the issue and retired to bed without noticing that Tawanashe had already died, the court was told.
The couple only realised that their child was dead the following morning.
Dziva phoned his in-laws who on arrival at the couple's home were told what happened by Ms Moyo.
A report was made to the police leading to Dziva's arrest.
In mitigation Dziva told the court that his child did not die as a result of the fight with his wife. He argued that the child, Tawanashe, had yellow fever and was no longer feeding on his mother's breast milk due to the condition.
Source - herald
