Lusungu Mkandawire, 37, and Fatsani Phiri, 39, will have to learn it hard way that burglary and theft are offences after Rumphi First Grade Magistrate court convicted them to a 7-year-jail term on Tuesday, February 25, 2020.
The court, through state prosecutor Sub Inspector Peter Fuluweza heard that Mkandawire and Phiri committed the offence during the night of August 20, 2019 at Kawaza Trading Centre in Rumphi.
On the stated date, the convicts broke into the house of Nyokase Tembo and went away with various items including solar battery and panel, decoder and invertor among others worthy K271,500.
Following a tip from whistle blowers, the convicts were arrested and charged with burglary and theft.
Burglary contravenes Section 309 (a) while theft contravenes Section 278 of the Penal Code.
Appearing in court, both Mkandawire and Phiri pleaded not guilty to the charges levelled against them which forced the state to parade four witnesses to prove the case beyond reasonable doubts.
Satisfied with the state’s evidence, the court convicted them.
In submission, sub Inspector Peter Fuluweza described the criminal act as mal-development.
Fuluweza therefore prayed for a stiffer punishment, saying the offences are felonious in nature.
Passing sentence, First Grade Magistrate Cuthbert Phiri concurred with the state, saying the two convicts deserve a lesson.
Magistrate Phiri therefore sentenced the convicts to 7 years imprisonment with hard labour each for the first count and 2 years imprisonment with hard labour for the second count, saying this should also be a lesson to others. The sentences will run concurrently.
Lusungu Mkandawire comes from Linga Village whereas Fatsani Phiri comes from Mwabunda Village, both from Traditional Authority Chisovya in Rumphi district.
