CRI/T/31/85

IN THE
HIGH COURT OF LESOTHO

In the
Matter of :

REX

v.

LEBOHANG
KHOLORI

JUDGMENT

Delivered
by the Hon. Mr. Justice L.J. Kheola on the 4th day of June, 1986

The
accused, Lebohang Kholori, is charged with the crime of murder, it
being alleged that upon or about the 3rd November, 1984 and
at or
near Siloe in the district of Mohale's Hoek, he unlawfully and
intentionally killed one Phafoli Nkone. To this charge the
defence
tendered a plea of guilty of culpable homicide and the Crown accepted
the plea.

The Crown
evidence is to the effect that on the 3rd November, 1984 the accused
and the deceased met at a beer hall at about 10.00
a.m. and they
drank beer together until 12 midday. When they left the beer hall
they were both drunk. On the way the deceased asked
the accused why
he had assaulted his (accused's) wife because of the love affair he
(deceased) had with the accused's wife. It
was true that the accused
had chastised his wife and warned her to refrain from having anything
to do with the deceased. The deceased
continued to ask the accused
until they came near the home of 'Maletsatsi. The deceased asked
'Maletsatsi whether she

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could
allow him to pay her a visit. He further asked 'Maletsatsi to give
him some beer. While the deceased was still talking to
'Maletsatsi
the accused stabbed him with a knife. The deceased retreated and
tried to pick up a stone but failed to do so. The
accused picked up a
stone and hit him on the leg. The deceased fell down and the accused
stabbed him several times with a knife
while he was still lying on
the ground. After he had been stabbed several times the deceased rose
and ran away but the accused
chased him and stabbed him at the back
several times. When they came to 'Mathabang's place the accused
stopped stabbing the deceased
and returned to 'Maletsatsi's place and
took his hat and some cans of beer which he dropped when he first
attacked the deceased.

The
deceased died shortly after the assault. According to medical
evidence his death was due to haemorrhagic shock caused by the
cut on
the carotid artery. There were several wounds on the chest and many
wounds on the back.

There is
no doubt in my mind that the deceased provoked the accused by
referring to the chastisement of the wife of the accused
when he knew
that he was the cause of the trouble in that family. It is also
common cause that the accused and the deceased were
drunk. I agree
with Miss Nku, counsel for the Crown, that the cumulative effect of
drunkenness and provocation is to reduce murder
to culpable homicide.
(See sections 3 and 4 of the Criminal Law (Homicide Amendment)
Proclamation No.42 of 1959).

Verdict:
Guilty of culpable homicide.

Sentence:-

Five (5)years' imprisonment of which three years' imprisonment is
suspended for three (3) years on condition that

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during
the period of suspension the accused is not convicted of any offence
involving violence to another person for which he is
sentenced to a
term of imprisonment not less than six (6) months without the option
of a fine.

J.L.
KHEOLA

ACTING
CHIEF JUSTICE.

4th June,
1986.

For Crown
- Miss Nku

For
Defence - Mr. Kambule.