A 25-YEAR-OLD woman of Kalulushi yesterday wept uncontrollably when the Kitwe High Court imposed the death sentence on her for murdering her husband.
This is in a case in which Jane Busange was charged with murder, contrary to Section 200 of the Penal Code Chapter 87 of the Laws of Zambia.
Particulars of the offence were that Busange on March 1, 2013 in Kalulushi, murdered Collent Mundandwe. She had denied the charge.
Delivering judgment, Justice Catherine Makungu said she believed the evidence of Mr Mundandwe’s 12-year-old niece and not Busange’s defence.
Mrs Justice Makungu said it is clear that Busange lied when she said the girl was not present at the time of the incident.
She said the girl’s evidence was reliable as she gave a lot of details about what transpired between Busange and Mr Mundandwe and that her testimony was consistent.
Mrs Justice Makungu established that Busange and Mr Mundandwe quarrelled over money.
“The accused took advantage of Mr Mundandwe who was drunk and powerless. As a result of being hit, he sustained injuries on the head which he died of,” Mrs Justice Makungu said.
She found Busange guilty of murder and sentenced her to death.
Mrs Justice Makungu said there were no extenuating circumstances in the case.
According to the evidence on record, the girl testified that she was at her uncle’s house when the incident happened.
The girl testified that she saw her uncle fighting with Busange outside the house and that she (Busange) hit Mr Mundandwe with a metal object on the head.
She recalled that Mr Mundandwe bled profusely from the head.
The girl testified that Busange ran into a nearby maize field after assaulting Mr Mundandwe and returned home crying after a short while.
She testified that the following morning, Busange and three other people put Mr Mundandwe on a wheelbarrow and took him to the roadside where they hired a vehicle to take him to hospital.
The girl testified that the following day, she learnt that her uncle had died. During cross-examination, she told the court that Busange and Mr Mundandwe had quarrelled over money.
The couple’s neighbour Justine Phiri testified that on the fateful night around 22:00 hours, he met Mr Mundandwe at a bar.
Mr Phiri testified that Mr Mundandwe told him that Busange had been bothering him over money.
He said Busange later approached them (Mr Phiri and Mr Mundandwe) and told them they were discussing “nonsense.”
Mr Phiri testified that later, Busange and Mr Mundandwe dragged each other home.
He said around 02:00 hours, Busange went to his home and woke him, insisting that he should go and see what had happened to her husband.
Mr Phiri said he found Mr Mundandwe lying in bed with a bloody head, struggling to breathe.
Mr Phiri testified that Busange told him that her husband had fallen and hit his head against the wall.
He said Mr Mundandwe was unable to talk at the time and it was an odd time to find transport to take him to hospital.
Mr Phiri testified that around 04:00 hours, Busange woke him again and they picked up Mr Mundandwe’s brother-in-law because the condition had worsened.
He said he hired a taxi and took Mr Mundandwe to the hospital where he died three days later.
Woman wept uncontrollably when the Kitwe High Court imposed death sentence on her
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