News / Local
Injiva jailed for fatal assault
18 Nov 2013 at 03:19hrs | Views
A South Africa based Zimbabwean returned home to take vengeance in a fight between his younger brother and a 56-year-old neighbour.
Tobias Ncube (22) fatally assaulted Never Sibanda with fists and booted feet on their way from a beer drink in Nyamandlovu following a fight between Sibanda and Clearance Ncube. The cause of the fight between Clearance and Sibanda could not be established but on the fateful day they started fighting at a bottle store at Gwangwangweni area.
Clearance and another villager Polite Maphosa had charges withdrawn against them after plea as it emerged that Ncube single handedly beat him up. Ncube was last week jailed for 12 years by Bulawayo High Court judge Justice Martin Makonese on circuit in Hwange.
Justice Makonese with Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu agreeing, found Ncube guilty of culpable homicide.
He said Ncube had been irrational as he assaulted Sibanda leaving him for dead and went back to the scene and assaulted him once again when he found him still alive. "You acted in an irrational manner. It seems you came back from South Africa to commit an offence. The attack done by the accused on the deceased was very bad – he never used any weapons other than his hands but left him unconscious.
"The court is convinced that only a custodial sentence is appropriate," said Justice Makonese before sentencing Ncube. State counsel Mr Whisper Mabhaudhi said Ncube involved himself in an issue that did not concern him.
He said for his actions, Ncube did not deserve a second chance in life. Mr Mabhaudhi told how on 11 August this year at about 7pm, Ncube's younger brother Clearance and Sibanda picked up a fight while drinking beer.
Ncube ambushed Sibanda on his way home and assaulted him until he fell unconscious.
The court heard that Ncube later returned to check if Sibanda was still alive and he further assaulted him despite the fact that he was lying helplessly on the ground. Sibanda was found still unconscious by Mr Felix Sibanda in the morning and he carried him to his homestead where he was rushed to hospital.
Sibanda died 12 days later at Mpilo Central Hospital. Mr Tonderai Mukuku, of Mrondedze, Mukuku, Ndove and Partners.
Tobias Ncube (22) fatally assaulted Never Sibanda with fists and booted feet on their way from a beer drink in Nyamandlovu following a fight between Sibanda and Clearance Ncube. The cause of the fight between Clearance and Sibanda could not be established but on the fateful day they started fighting at a bottle store at Gwangwangweni area.
Clearance and another villager Polite Maphosa had charges withdrawn against them after plea as it emerged that Ncube single handedly beat him up. Ncube was last week jailed for 12 years by Bulawayo High Court judge Justice Martin Makonese on circuit in Hwange.
Justice Makonese with Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu agreeing, found Ncube guilty of culpable homicide.
He said Ncube had been irrational as he assaulted Sibanda leaving him for dead and went back to the scene and assaulted him once again when he found him still alive. "You acted in an irrational manner. It seems you came back from South Africa to commit an offence. The attack done by the accused on the deceased was very bad – he never used any weapons other than his hands but left him unconscious.
He said for his actions, Ncube did not deserve a second chance in life. Mr Mabhaudhi told how on 11 August this year at about 7pm, Ncube's younger brother Clearance and Sibanda picked up a fight while drinking beer.
Ncube ambushed Sibanda on his way home and assaulted him until he fell unconscious.
The court heard that Ncube later returned to check if Sibanda was still alive and he further assaulted him despite the fact that he was lying helplessly on the ground. Sibanda was found still unconscious by Mr Felix Sibanda in the morning and he carried him to his homestead where he was rushed to hospital.
Sibanda died 12 days later at Mpilo Central Hospital. Mr Tonderai Mukuku, of Mrondedze, Mukuku, Ndove and Partners.
Source - chronicle
