THE Kitwe High Court has sentenced to death a Kalulushi charcoal burner for murdering and raping a pregnant woman in August last year.
High Court Judge Isaac Kamwendo sentenced to death Innocent Kunda after he convicted him of murdering Anna Chimfwembe on August 10, last year.
Mr Justice Kamwendo directed that Kunda should be hanged by the neck until pronounced dead.
“I hereby sentence the accused to death in terms of section 303 of the penal code and direct that he shall be hanged by the neck till he is dead,” ordered the Judge.
In delivering Judgment, Mr Justice Kamwendo said the prosecution had proved the case beyond reasonable doubt and dismissed Kunda’s evidence that he did not murder Ms Chimfwembe.
Mr Justice Kamwendo noted that no one saw the deceased being attacked and that the only evidence was by a Mr Yorum Chola who testified in the matter.
He said as there was no eye witness to the attack, circumstantial evidence must be called and that Mr Chola was a credible and consistent witness whose testimony was not shaken in cross examination.
The Judge observed that Mr Chola had no reason to lie against the accused person.
Evidence in court was that on the fateful day, Mr Chola, a charcoal burner, heard a voice of a woman screaming in the bush and when he went to check, he noticed that a man had hidden behind a tree.
Mr Chola testified that as he was trying to peep, he saw the accused person who was popularly known as ‘sharpshooter’.
The court heard that ‘sharpshooter’ ran away and Mr Chola gave chase but slipped and fell down.
He later went to check on the woman whom he found lying down, injured on the face and head while blood was streaming from the head.
She was taken to Kitwe Central hospital where she died three days later.
And according to the evidence on record, Kunda unlawfully wounded the woman after raping her while the postmortem report indicated that the deceased had head wounds and was about five weeks pregnant.
In defence Kunda denied murdering the deceased and said that he went to sell charcoal and when he went to demand for his money from one of his clients, he was apprehended and taken to Kalulushi Police station.
[Times of Zambia]