Balaka court jails 28 year old men for burglary
Balaka Second Grade Magistrate Court has sentenced two 28 year old men to 7 and four years imprisonment with hard labour for burglary.
Police Prosecutor Sergeant Getrude Chingolo Kafumbula told the court that on the night of 2nd to 3rd February the first suspect John Samson at Phimbi village in Balaka broke into the house of Enelesi Livalo Chitsulo and went away with a home theater, DVD player, 7 cartons of soap and 2 cell phones all to the total value of K120, 000.00.
“After the incident, the suspect went into hiding and Police managed to arrest him following a tip off from the public and managed to recover some goods worthy K43, 000.00 only,” Kafumbula said.
When taking a plea to the charge, the suspect pleaded not guilty and that forced the state to parade four witnesses including investigator Detective Sergeant Saiti Sokole and following the evidence tendered by the state, Second Grade Magistrate Victor Sibu found him with a case to answer and convicted him.
In her submission before judgment, Prosecutor Kafumbula asked the court to consider giving the suspect a stiffer sentence.
Kafumbula said ” the complainant lost her hard earned goods while the suspect benefited from it and that these cases are becoming rampant in the district.”
She therefore said the suspect deserves a stiffer sentence considering that the offence committed is serious which attracts a maximum sentence of death or life imprisonment.
In his mitigation, the suspect asked for leniency saying that he looks after orphans and he is bread winner for his family.
Passing judgment, Second Grade Magistrate Victor Sibu conquered with the state that the suspect deserved a stiffer sentence considering the seriousness of the offence.
He therefore sentenced him to 7 years imprisonment with hard labour for burglary and 2 years for theft but the sentences are to run concurrently.
He said he has given him such a sentence so that it should be lesson to him and would be offenders.
John Samson comes from Ntaja village, T/A Nkaya in Balaka district.
Meanwhile the same court has slapped Elias Dzoole with a 4 year 5 months jail term .
Dzoole broke into the house of Robert Hekere and went away with goods worthy K9, 500.00
Police Prosecutor Sergeant Getrude Chingolo Kafumbula told the court that Dzoole broke into the house on the night of November 12, 2014 at Kaumphawi village in the same district of Balaka.
The suspect pleaded not guilty to the case of burglary and theft which is contrary to section 309(3) and 278 of the Penal code but the court found him with a case to answer and convicted him following the evidence tendered by the investigator Sergeant Jean Nyirongo and the complainant.
In her submission before judgment, Prosecutor Sergeant Getrude Chingolo Kafumbula asked the court to give the suspect a stiffer sentence considering the seriousness of the offence which is punishable by death or life imprisonment.
“The suspect deserves a custodial sentence considering that the victim lost almost everything as only a T-shirt was recovered,” she said.
In his mitigation, the suspect asked for leniency saying that he is bread winner for his family and a first offender.
Passing judgment, First Grade Magistrate Felix Mandala conquered with the state that the suspect deserved a stiffer sentence considering the seriousness of the offence.
He therefore sentenced him to 4 years 5 months imprisonment with hard labour for burglary and 2 years for theft but the sentences are to run concurrently.
Mandala said he has given him such a sentence so that it should be lesson to him and would be offenders.
Elias Dzoole comes from Kaumphawi village, Traditional Authority Nsamala in the same district of Balaka.
