News / Regional
Man murders brother over burial arrangements of his wife
01 Feb 2012 at 11:11hrs | Views
A 65-year-old Silobela man who murdered his younger brother following an argument over the burial arrangements of his wife will spend the next three years in prison after the High Court on circuit in Gweru found him guilty of culpable homicide.
Patrick Sibanda, of Masina Village under Chief Malisa, had pleaded not guilty to charges of murder but pleaded guilty to a charge of culpable homicide when he appeared on Friday before High Court judge, Justice Lawrence Kamocha sitting with assessors Messrs Jameson Lex Dhlula and Wellington Takawira Matemba.
He was sentenced to five years in prison but will serve an effective three years after two years were suspended on condition of good behaviour.
In passing sentence, Justice Kamocha considered that Sibanda had spent one year and four months in remand prison before the trial commenced.
Sibanda was represented pro deo by Kwekwe lawyer, Ms Caroline Mugabe, of Makonese and Partners.
Agreed facts as presented by Mr Shepherd Mafa are that on 18 August at about 8.30pm, the now deceased, Nelson Sibanda, who was aged 58 at the time of his death, arrived at Patrick's homestead where there was a family bereavement. Patrick had lost his wife.
The two brothers started arguing over the burial arrangements, with the now deceased insisting that his brother should contribute towards the funeral expenses of his wife while Patrick was adamant that the relatives must meet the expenses.
Mr Mafa said the now deceased drew a glowing piece of firewood from the fireplace threatening to assault Patrick but was restrained by the two's nephew, Mr Nkululeko Sibanda.
Patrick then picked up a wooden stick from the ground and struck the now deceased twice with it on the head. Nelson collapsed and started vomiting and bleeding from the head.
He was rushed to Silobela District Hospital before being transferred to Kwekwe District Hospital where he died on 20 August.
Patrick Sibanda, of Masina Village under Chief Malisa, had pleaded not guilty to charges of murder but pleaded guilty to a charge of culpable homicide when he appeared on Friday before High Court judge, Justice Lawrence Kamocha sitting with assessors Messrs Jameson Lex Dhlula and Wellington Takawira Matemba.
He was sentenced to five years in prison but will serve an effective three years after two years were suspended on condition of good behaviour.
In passing sentence, Justice Kamocha considered that Sibanda had spent one year and four months in remand prison before the trial commenced.
Sibanda was represented pro deo by Kwekwe lawyer, Ms Caroline Mugabe, of Makonese and Partners.
Agreed facts as presented by Mr Shepherd Mafa are that on 18 August at about 8.30pm, the now deceased, Nelson Sibanda, who was aged 58 at the time of his death, arrived at Patrick's homestead where there was a family bereavement. Patrick had lost his wife.
The two brothers started arguing over the burial arrangements, with the now deceased insisting that his brother should contribute towards the funeral expenses of his wife while Patrick was adamant that the relatives must meet the expenses.
Mr Mafa said the now deceased drew a glowing piece of firewood from the fireplace threatening to assault Patrick but was restrained by the two's nephew, Mr Nkululeko Sibanda.
Patrick then picked up a wooden stick from the ground and struck the now deceased twice with it on the head. Nelson collapsed and started vomiting and bleeding from the head.
He was rushed to Silobela District Hospital before being transferred to Kwekwe District Hospital where he died on 20 August.
Source - chronicle
