HIGH COURT OF LESOTHO
matter of :
accused is charged with murder, it being alleged that on the 7th day
of March, 1985 and at or near Maloseng in the district
of Butha Buthe
he unlawfully and intentionally killed Mateboho Tsooana (hereinafter
referred to as the deceased). To this charge
the accused tendered a
plea of culpable homicide and the Crown accepted it.
evidence against the accused is that he had been at loggerheads with
the deceased, who was his wife, for a very long time. It
seems as if
the cause of their quarrel was due to the fact that the deceased had
been made pregnant by another man. As a result
misunderstanding the deceased was afraid of the accused and always
ran away from him.
7th March, 1985 the accused was seen in the company of the deceased
during the day. On the following day the accused went
to his sister,
'Malekhetho Tsooana and reported to her that he had assaulted the
deceased because she always ran away from him.
In fact on the
previous night the accused had told his sister that he would beat up
the deceased until she dies.
following day the deceased was found in her house with very serious
wounds on her body. She died two days later. At that
time the accused
could not be found anywhere in the village. It later turned out that
after assaulting the deceased he fled to
the Republic of South Africa
where he worked in the mines.
to medical evidence the deceased's death was due to Haematothorax
left, retroperitoneal bleeding right, causing hypovolenic
dead body of the deceased had stab wounds on the left arm, left side
of chest, left breast, right eyebrow and right
side of the body; the
right eyeball was perforated; there were two lacerations on the left
lung and there was a 3cm. long laceration
on the right kidney.
no doubt in my mind that the accused unlawfully killed the deceased
and that the attack upon the deceased was a very brutal
accused is found guilty of culpable homicide.
years' imprisonment of which half is suspended for 3 years on
condition that he is not convicted of any offence involving
to another person committed during the period of suspension.
- Mr. Seholoholo
Defence - Mr. Kolisang.
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