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Walter Mswazie Masvingo Correspondent—
A Chivi man has the new Constitution to thank after narrowly escaping the hangman’s noose for fatally ripping open an 83-year-old man’s abdomen leaving his intestines protruding and robbing him of $5,000. High Court Judge Justice Francis Bere sentenced Tapiwa Chikanga, 32, to life imprisonment and added 20 years to the sentence for other crimes – attempted robbery and robbery – that he committed wearing a mask.

He said Section 48 (2) an (2a) of the new Constitution saved him from the gallows.

Section 48 (2) reads: “A law may permit the death penalty to be imposed only on a person convicted of murder committed in aggravating circumstances.”

Section 48 (2a) states the law must permit the court a discretion whether or not to impose the penalty.

The court heard how Chikanga and an unidentified accomplice who is still at large, armed themselves with knives and a pick head and approached an elderly couple, Charamba and Jostina Mapfumo, 73, of the same village at night.

They demanded money that the couple had just received from the government as relocation allowance to pave way for Tokwe Mukorsi Dam construction.

Appearing before Justice Bere who was sitting with assessors Samuel Mutomba and Joseph Masuku on Saturday, Chikanga pleaded guilty to a charge of attempted robbery and another of robbery but implicated his accomplice on the third count of murder.

Justice Bere convicted Chikanga due to overwhelming evidence and sentenced him to five years on the first count of attempted robbery, 15 years on robbery and life imprisonment for murder with constructive intent, on the third count.

State Counsel led by Elson Chavarika had demanded the death sentence for Chikanga on the third count of murder citing the aggravating circumstances under which he committed the crime. He cited a similar case where the accused committed murder during robbery and was handed a death sentence.

However, the accused’s pro deo lawyer, Frank Chirairo, argued that the verdict would be unconstitutional given the fact that the case Chavarika cited in calling for the imposition of the ultimate penalty was tried in 2001 before the new Constitution came into effect in 2013.

Justice Bere said although the murder was committed under aggravating circumstances, extenuation circumstances existed.

“The court accepts that this is a unique case. Where extenuation does not exist, the accused could be handed a death sentence.

“In this case the accused cheated death by a whisker given that after they had stabbed the deceased and his intestines were now protruding, the accused’s accomplice tried to cover them with a piece of cloth. In this regard compassion would be a mitigatory factor,” said Justice Bere.

He said Chikanga deserved a life sentence, the second most deterrent sentence in the land.

Chavarika said in October, 2013 during the night Chikanga and his accomplice who had also received a relocation allowance, went to Ruramai Gwamure’s homestead in their village.

On the first count, he said they found Gwamure’s daughter, Tracy Chikosi asleep in a bedroom hut.

“They assaulted her with the pick head and demanded cash,” said Chavarika.

Tracy, the court heard, managed to identify Chikanga during the incident.

After attacking Tracy, Chikanga and his accomplice proceeded to Mapfumo’s homestead where they found him and his wife Jostina sleeping.

Chavarika said the duo had heard that the couple had also received relocation allowances.

“Chikanga and his accomplice barged into the couple’s bedroom hut and shone a torch light on the elderly’ couple’s faces, while demanding cash.

“One of the masked intruders pushed Jostina to the floor. The attacker stabbed her with a knife once below the right breast, once in the back on the left shoulder and once in the right palm,” he said.

The court heard that Chikanga and his companion struck Mapfumo, the deceased, once on the head and he bled profusely.

One of the intruders, Chavarika said, stabbed Mapfumo in the abdomen while threatening to cause more harm unless he produced the money.

“With his intestines hanging out, Mapfumo led the two to a goat pen where he showed them $5,000 that he had hidden in a hole. The two partners in crime took away the money and vanished into the darkness leaving the couple writhing in pain,” he said.

Chavarika narrated how villagers rushed the elderly couple to Chivi Hospital where they were admitted.

Mapfumo‘s condition deteriorated leading to his death on the following day.

The post-mortem results showed that he died of stab wounds to the abdomen.