The Mzuzu Second Grade Magistrate Court on Friday, July 1, 2016 sentenced two businessmen, Masudi Witman, 28 and Maulana Adam, 20 to 8 years imprisonment for the charge of causing grievous harm contrary to section 238 of the penal code.
The court through the state prosecutor Sub Inspector Lyson Kachikondo heard that the victim and two convicts had known each other for more than 10 years and he operates a business close to the first convict. On April 1, 2016, at around 1800hours the victim closed his shop for the day and he overheard the first convict talking to unknown people on the phone informing them that he was closing the shop.
As he was heading home he met the second convict who blocked his way, attacked him and stubbed him on his stomach, his head and shoulder. After Stabbing him, the convict thought he had died and run away but the victim managed to walk a short distance and fell down. He was taken to Enukweni Police Unit by good samaritans who found him lying down and then referred him to Mzuzu Central Hospital where he was admitted for 2weeks.
The suspects were arrested but pleaded not guilty before the court of law.
The state paraded 7 witnesses amongst them was a doctor from Mzuzu central hospital who operated the victim, the village headman and a woman whom the convicts wanted to bribe for them to witness in their favour.
During their mitigation, both pleaded with the court to be lenient when giving a sentence because they have families and orphans to take care of.
When passing judgement, the Second Grade Magistrate Brian Sambo said they should have been charged with attempted murder because their aim was not to injure but to kill and from all evidence there is no doubt that they committed the offence.
He said it doesn’t matter that the first convict was not on the crime scene but by masterminding it he is guilty according to section 21 of the penal code and if the victim can die they will be taken to court to be charged with murder, he therefore sentenced them to 8 years Imprisonment with Hard Labour for being first offenders.
Both convicts hails from Mikudi and Maka Villages respectively, under Traditional Authority Nyambo in Mangochi District.