R vs. Sultani Maginga (1969) H. C. D 109
A man and a woman were lying in the rice field after sexual intercourse at night.
When Sultani (the accused) was going around to guard the field against wild pigs, he saw the movement of the grass and shone his torch in the direction.
He called out to establish whether it was an animal or a human being.
There was no reply and as a result. The couple run off headed in different directions.
As a result, the accused threw a spear towards the shadows believing they were wild pigs which fatally wounded and killed the deceased.
The accused was charged with murder.
Held
He was held not liable for murder in the circumstances of killing the deceased.
The available evidence did not indicate the necessary level of recklessness. Despite the widespread understanding that many couples frequently went to the fields for intimate moments both during the day and at night, the defendant was absolved of recklessness because he shouted out to inquire if the object was a human or not.
As he received no response, it is possible that he believed it was a pig.