Republic Vs Mashimba S/O Of Silingi, criminal Session No of 2022.

This case explains effect of lovers die whn6e they make love. The man had sex affairs with woman of another man (married one) Its was valentine day and woman never came back to her husband amd made love with accused and when 1st round of sex the issue ended successful but the problem was at second round which man saw a woman as tired and removed her penis from vagina.

after one minute a woman died and man started to pull her body near the bush and leaving her with condom inside of vagina.

after invetsigation man found with used and unused condoms and arrested and make declatiions that she was his lover and no more than having or making love on that day.

the court had this to say.

🔴It was in record that during night, he pulled the body of deceased in the

nearby bush where it was easily to be seen in the morning. His action of

pulling the body of his lover by using a rope which was tied on the neck,

caused bruises on the neck of deceased. 

🔴It must be remembered that accused lover, who is deceased, was the wife of his neighbor, Mr. Hassani Nyamazazala. Accused had no option than letting villagers found the body in the nearby bush. The way accused gave his statement show that there was no quarrel among the two and that the death occurred in the cause of making love. 

🔴Accused had no intention to kill as making love to the person you love in itself is not dangerous per se.

What was recorded in statement connotes what was testified by PW2 in court that accused had love affairs with the deceased.

🔴I am aware that if admission was freely taken, is the best evidence to be relied upon than any other evidence in criminal charge and does not need corroboration if not repudiated (see Mu h o n g w a Sim u Vs Re p u blic, Criminal Appeal No 480 of 2019. In my considered view, this confession declaration by the accused person which were freely taken shows there was no malice aforethought to the accused.

🔴Let me reiterate that in the circumstances of this case, upon analyzing and evaluating the evidence and directing my mind in Exh. Pl, absence of the expert opinion to verify what was the cause of death makes the big gap to prosecution and therefore, they failed to prove the offence of murder against the accused. That is to say, it was not proved that it is actually the accused who killed the deceased as said, making love is not

dangerous to threat life of a human being.

🔴In the upshot, through evidence analysed, I find without any scintilla of doubt that prosecution has failed to prove the offence of murder beyond reasonable doubt and the accused person MASH IMBA s / o S I L I NG I is hereby acquitted from the charge.

It is so ordered.