CRI/T/22/86
IN THE HIGH COURT OF LESOTHO In the matter of :
REX
vs
MOETI TSOOANA
J U D G M E N T
The 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.
The 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 of this misunderstanding the deceased was afraid of the accused and always ran away from him.
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2
On the 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.
On the 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. .
According to medical evidence the deceased's death was due to Haematothorax left, retroperitoneal bleeding right, causing hypovolenic shock. The 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.
There is no doubt in my mind that the accused unlawfully killed the deceased and that the attack upon the deceased was a very brutal one.
The accused is found guilty of culpable homicide.
3 SENTENCE:
Three (3) years' imprisonment of which half is suspended for 3 years on condition that he is not convicted of any offence involving violence to another person committed during the period of suspension.
J.L. KHEOLA ACTING CHIEF JUSTICE.
4th November, 1986.
For Crown - Mr. Seholoholo For Defence - Mr. Kolisang.