26 YEAR OLD CHADIZA MAN FINED K1, 500 FOR CLOBBERING 40 YEAR OLD MAN
The Chadiza Magistrate Court in Eastern Province has fined a 26-year-old man of Zingalume compound, K1,500 or in default be imprisoned for 13 years for assaulting a 40-year-old man.
The court heard that Benjamin Simoya 26, of Zingalume Chiefdom mercilessly beat up Nelson Banda 40 also of the same area, for whipping his brother together with other boys whom he found stealing sugar canes from his garden.
Brief facts of the matter are that on 24th September 2023, Banda at around 16:00 went to water his garden when he caught some boys cutting sugar canes.
Mr Banda then got a whip and caned some of them before they finally scampered in different directions.
The action infuriated Simoya who went to beat up Banda in retaliation for whipping his younger brother including the other boys.
The court further heard that Simoya descended on Banda heating him with fists until he sustained a deep cut on his head and swollen leg, bodily harm with bruises.
Simoya left Banda lying in a pool of blood which attracted some sympathizers to help the victim.
They took him to Chadiza Police Station and immediately they were issued with a medical report form to take to Chadiza district hospital.
A docket was opened and Banda was discharged yesterday (October 10, 2023).
In passing judgment, Magistrate Fred Musaka told Simoya that he had no right to beat up Banda no matter the circumstances, hence charging him with assault contrary to Section 248 of the Penal Code Chapter 87 of the laws of Zambia.
Judge Musaka advised Simoya that he could have taken the matter to other authorities such as headmen and Police as assault on children is not condoned and punishable by law.
In mitigation Simoya pleaded with the court to show him leniency.
Simoya was fined with K1, 500 or in default 13 months simple imprisonment of which K1, 350 would be given to the plentiful while K150 will be deposited to the Ministry of Finance.