High Court jJudge Judith Mulongoti sent Tiza Nkhoma of B5 Mindolo Township to jail for killing his mother, Elizabeth Nkhoma on May 18 last year.
Nkhoma was earlier charged with murder but the court acquitted him and instead convicted him of manslaughter because there were extenuating circumstances that led to the offence.
In her judgment, Ms Justice Mulongoti said based on the facts and evidence before her, she was inclined to find that the accused was provoked to an extent that he lost his self-control.
She said a reasonable man in the same situation as the accused found himself would have reacted the same way, and that on the totality of the evidence, the defence of provocation succeeded.
According to the evidence in court, the deceased was in the habit of undressing herself before her son and enticing him to have sex with her.
On the fateful day, the deceased undressed herself thrice and made her son beat her up so that she could stop her bad habits.
The deceased was later found in a pool of blood and taken to a hospital where she was pronounced dead.
The court heard that after beating his mother, Nkhoma locked himself in the bathroom where he wept and was later apprehended and taken to a police station.
He explained to the police that his mother’s behaviour hurt him and that he thought she wanted to bewitch him because of her actions.
Nkhoma told the court that he did not intend to kill his mother and asked for forgiveness because he was angry.
[ Times of Zambia ]
http://www.lusakatimes.com/2011/02/16/kitwe-man-3-years-killing-mother/
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