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NDOLA High Court judge-in-charge Petronella Ngulube has sentenced two men of Luanshya to three years imprisonment each with hard labour for assaulting a businessman of Bulangililo township in Kitwe.
This is in a case in which Kunda Ndashe, 39, of house number 3245, Mikomfwa township in Luanshya and Leevan Sikasunda, 29, of house number 665 D in the same area were charged with aggravated robbery.
The offence is contrary to Section 294(1) of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence are that Ndashe and Sikasunda on June 3, 2012 in Luanshya, jointly and whilst acting together stole US$ 500 cash, a pair of boots, a pair of jeans and a jacket worth K3,260 from Kelvin Chishimba.
It is alleged that Ndashe and Sikasunda used or threatened to use actual violence against Mr Chishimba.
But Mrs Justice Ngulube convicted and jailed Ndashe and Sikasunda of a lesser offence of assault which is contrary to Section 248 of the Penal Code Chapter 87 of the Laws of Zambia.
Delivering judgment on Wednesday last week, Mrs Justice Ngulube said the prosecution had failed to prove the case of aggravated robbery against Ndashe and Sikasunda.
“I find that there is overwhelming evidence against both accused persons for the offence of assault occasioning actual bodily harm as opposed to aggravated robbery. I, accordingly, convict the duo and sentence each one of them to three years imprisonment with hard labour with effect from June 8, 2012, the date they were arrested,” Mrs Ngulube said.
She granted Ndashe and Sikasunda leave to appeal to the Supreme Court within 14 days.
In mitigation through lawyer Olipa Sakala, Ndashe and Sikasunda asked the court to exercise maximum leniency on them because they are married with children and they are breadwinners of their families.
Facts before the court are that on the material day around 22:00 hours , Mr Chishimba went to a club within Luanshya to play a game of pool.
The court heard that Ndashe and Sikasunda who were in a group of 15 men approached Mr Chishimba and accused him of allegedly raping Ndashe’s sister.
The court heard that Ndashe and Sikasunda punched and kicked Mr Chishimba and also assaulted him with empty beer bottles.
The court heard that Ndashe and Sikasunda also stripped Mr Chishimba naked and got away with his pair of jeans, money and a cell phone.
Mr Chishimba became unconscious and was rushed to Thompson Hospital where he was admitted for four days.
