News / National
Woman acquitted of killing husband during Valentine's Day fracas
04 Feb 2023 at 06:21hrs | Views
The High Court has cleared a Muzarabani woman of murder charges following the couple's violent quarrel 14 February last year which saw her stab and kill her husband in self-defence.
Lackia Chirwa, 23, walked free after High Court judge, Esther Muremba found her to have acted in self-defence when she stabbed Promise Mukombe once in the stomach.
On the fateful night, Mukombe had allegedly threatened to kill Chirwa whom he had accused of infidelity.
Court heard he arrived home drunk at around 11pm on the day while shouting at Chirwa whom he labelled a prostitute.
Chirwa was asleep in the bedroom hut with the couple's toddler.
It was proved that Mukombe then started assaulting his wife indiscriminately, and threatening to kill her.
Mukombe then tried to reach for an okapi knife which was in a cardboard box in their hut.
The couple started tussling each other to try and reach for the weapon with Mukombe biting his wife on her shoulder in the process.
During the scuffle, Chirwa was first to reach for the knife which she used to stab her husband once in the stomach.
Mukombe is said to have then exited the couple's bedroom for his parents' home and later succumbing to the injuries.
In passing her ruling, Justice Muremba said the fact that Chirwa stabbed her husband once, supports the fact that she was defending herself.
She ruled Chirwa had managed to satisfy the court that she acted in self-defence.
"The deceased was stabbed with the knife by the accused at a time when he was twisting her arm and biting her shoulder. She said she was in excruciating pain.
"Besides, the deceased had made it categorically clear that he wanted to kill her.
"In terms of s253, for the defence of self-defence to suffice, the harm caused by the accused must be caused to the attacker and not to an innocent third party. This is exactly what happened in this case.
"The accused stabbed the deceased who was attacking her and no other person.
"It was just the two of them and their small child in the bedroom.
"The accused managed to satisfy all the requirements of the defence of the person.
"The accused is therefore found not guilty and acquitted," Muremba ruled.
Lackia Chirwa, 23, walked free after High Court judge, Esther Muremba found her to have acted in self-defence when she stabbed Promise Mukombe once in the stomach.
On the fateful night, Mukombe had allegedly threatened to kill Chirwa whom he had accused of infidelity.
Court heard he arrived home drunk at around 11pm on the day while shouting at Chirwa whom he labelled a prostitute.
Chirwa was asleep in the bedroom hut with the couple's toddler.
It was proved that Mukombe then started assaulting his wife indiscriminately, and threatening to kill her.
Mukombe then tried to reach for an okapi knife which was in a cardboard box in their hut.
The couple started tussling each other to try and reach for the weapon with Mukombe biting his wife on her shoulder in the process.
During the scuffle, Chirwa was first to reach for the knife which she used to stab her husband once in the stomach.
In passing her ruling, Justice Muremba said the fact that Chirwa stabbed her husband once, supports the fact that she was defending herself.
She ruled Chirwa had managed to satisfy the court that she acted in self-defence.
"The deceased was stabbed with the knife by the accused at a time when he was twisting her arm and biting her shoulder. She said she was in excruciating pain.
"Besides, the deceased had made it categorically clear that he wanted to kill her.
"In terms of s253, for the defence of self-defence to suffice, the harm caused by the accused must be caused to the attacker and not to an innocent third party. This is exactly what happened in this case.
"The accused stabbed the deceased who was attacking her and no other person.
"It was just the two of them and their small child in the bedroom.
"The accused managed to satisfy all the requirements of the defence of the person.
"The accused is therefore found not guilty and acquitted," Muremba ruled.
Source - ZimLive
