BY SYLVIA MWEETWA? –

A CHIPATA man, who was facing a death sentence for axing to death a suspected maize thief, has had his sentence revoked by the Supreme Court which replaced it with a five-year jail term.
Supreme Court Judge Evans Hamaundu revoked the death sentence and instead slapped the appellant with a five -year jail term.
This was after finding that the  trial  court erred  when it relied on the evidence of the excessive force used in the killing of the man but over looked the invading of a private property with intention to steal maize from the maize field.
Jabulani  Phiri, 29, was sentenced to hang by the neck four years ago for killing Raphael Mumba whom he found stealing unshelled maize which he parked in a 50 kilogramme bag.
During the trial, the State called four witnesses who  testified that the appellant on May 16, 2009 went to  the field where they found the now deceased who had loaded unshelled maize and  attempted to run away.
The appellant threw an axe at the now  deceased aiming at his head but despite hitting the target twice, Mumba only fell to the  ground after he was struck the third time.
Later, the  deceased was identified positively and was known to be a thief who had been  terrorising residents the village.
At the closure of the case the appellant was put on his defence after which he told the court that he threw an axe at the deceased with a view to stop him from stealing and that he did not?aim to kill him.
The court  later sentenced him to death arguing that he  acted brutally at a defenceless man but  the Phiri appealed against the sentence  and conviction to the Supreme court.
In his ruling yesterday at the ongoing Supreme Court sittings in Kabwe, however, Judge Hamaundu reversed the sentence and replaced it with a five-year jail term and the appellant who was in total disbelief with his reprieve shouted on top of  his voice in celebration.
He later covered his face  with his hands as he walked out of the court room in a jubilant mood despite still having a year left to serve.