The appellant was charged with the murder of Kelens Mudimba
on 28 December 2012 along a footpath leading from DRC Empumalanga, Hwange to
Chibondo Village, Hwange. The appellant was convicted by the High Court of
murder with actual intent to kill and sentenced to death.
Counsel for the appellant indicated that he had no
meaningful submissions to make in respect of the conviction.
The concession was properly made.
The facts of the case are these.
The appellant was twenty-five (25) years at the time of the
commission of the offence. He resided at number 1459 DRC, Hwange. The deceased
was his common law wife and was aged twenty-two (22) years at the time she met
her death. On the day in question, at about 12.00 mid-day, the appellant and
the deceased had a misunderstanding as they were walking along a footpath from
Chibondo Village to DRC Empumalanga, Hwange. The deceased wanted to terminate
their union. An argument ensued and the appellant struck the deceased several
times with stones on the side of her head. He also stabbed her with a knife
once on the left side of the chest. The deceased died on the spot as a result
of the assault. The appellant phoned one
Blessing Matshayani who is married to the deceased's sister. He told Matshayani
that he killed the deceased and indicated the place where the body could be
found. Mr Matshayani then telephoned the deceased's aunt who in turn advised
the deceased's father.
The deceased's father went to the scene and found the
deceased lying in a pool of blood. He made a report to the police who attended
the scene. John Mutyavaviri, a member of the Zimbabwe Republic Police observed
that the deceased's clothes were soaked with blood. Her head was lying in a
pool of blood. She had a deep cut on the back of the head. There were other
deep cuts behind the right ear, a deep cut between the right ear and the right
eye, and a deep cut on the forehead. There was a stab wound on the left side of
the chest. The deceased's head had been crushed and depressed inwards. There were numerous blood stained stones near
the deceased's head. He recovered a blood-stained kitchen knife near the
deceased's body. He conveyed the deceased's body to Hwange Colliery Hospital
mortuary. On 31 December the deceased was taken to United Bulawayo Hospital for
a post-mortem examination.
The postmortem examination revealed the following injuries:
(a) A stab wound on the left side of the chest which was
2cm long and 1cm wide situated 6cm from the left nipple and 13cm from the
midline and 13cm from the clavicle bone;
(b) A compound fracture of the skull on the right frontal
parietal region;
(c) All cranial bones were fractured leading to severe
brain damage.
(d) Both fractured jaws.
It was concluded that she died of brain damage, multiple
skull fracture, and subarachnoid haemorrhage.
It is clear from the injuries that heavy blunt objects were
used to crush the deceased's skull. It was also obvious that a sharp object was
used to stab the deceased. There can be no doubt that severe force was used to
inflict the wounds on the deceased. It is beyond doubt that the stab wound was
inflicted whilst the deceased was facing the appellant.
Death was clearly intended.
On 28 December 2012, the appellant handed himself over to
the police at ZRP Hwange Charge Office.
He made a confirmed warned and cautioned statement admitting that he
killed the deceased. He indicated that he killed the deceased because she no
longer wanted to stay with him as his wife.
On these facts, the trial court found the appellant guilty
of murder with actual intent to kill.
This finding by the court a quo cannot be
faulted.
