A High Court judge has ruled that a Victoria Falls man who caused his wife’s death by slamming her head on the wall and floor over infidelity acted out of provocation.

The man committed the act while accusing his now deceased wife of leaving the couple’s children unattended as she went for a booze with a boyfriend.

Bulawayo High Court judge Christopher Dube-Banda, who is on circuit in Hwange, heard how Boniso Sibanda (40) of Mkhosana suburb repeatedly assaulted his cheating wife Auxilia Nkomazana who was aged 31 in March last year.

This was after Sibanda, who suspected that his wife had an extra marital affair, found her not at home when he returned from work.

He tracked her to a bar where he found her sitting with a man.

Sibanda slapped and kicked his wife several times before hitting her head against the wall and floor causing her death hours later.

He was lucky to have a charge of murder reduced to culpable homicide by justice Dube-Banda who slapped him with a five-year jail term.

He will however serve an effective three years after the judge suspended two years on condition of good behaviour.

Sibanda claimed that he was angry with his wife who had provoked him by leaving their two minor children unattended while going to enjoy a booze with a boyfriend.

His lawyer Njabulo Ndlovu of Ncube Attorneys raised a defence of provocation which the judge accepted.

Prosecutor, Martha Cheda said Sibanda assaulted his wife at Chinotimba Old Bar before pulling her home where he continued assaulting her.

“On 4 March at around 4pm, Sibanda arrived home and found his wife not there. He found her at Chinotimba Old Bar drinking beer with other patrons and a misunderstanding ensued between the two. Sibanda slapped her before carrying her out of the bar,” said the prosecutor.

She said along the way on their way home he slapped and kicked her.

He assaulted her when they got home and also hit her head against the wall, floor and wooden base of the bed before leaving her sleeping on the floor.

Sibanda slept on the bed and discovered in the morning that Nkomazana was not breathing and called an ambulance.

She was pronounced dead before being taken to hospital.

Out of panic, Sibanda told police that his wife had died after a short illness but was arrested when it was discovered that she had injuries.