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The suspect pleaded not guilty to both counts and gave sworn testimony but did not call witnesses. "Both deceased died because of shock and haemorrhage. The accused and Dihemelo were lovers and had two children together. He also handed himself to the police after the incident," said Makhwade. He noted that the relationship between Scotch and Dihemelo was unhappy one because the deceased was unfaithful. He said that the suspect went to look for his late lover in Ikongwe and she told him that she had a fiancˇe in Mahalapye, who was known to her parents. "He saw that one of her shoes was loose and he borrowed a knife to fix it. They proceeded to Mahalapye and settled at the bush where they settled everything. He also threw away the knife." Makhwade noted that when the arrived at the deceased's place, she informed her uncle Sekgope that Scotch had taken her to the bush. The accused apologised to Sekgope and though Dihemelo insulted him, he calmed down. At 9pm everyone went to sleep and in the middle of the night Dihemelo started insulting Scotch again. "They exchanged blows and she fell down. The uncle Sekgope and his companion came armed with a knobkerrie. He hammered him. He claimed that he saw a knife and started stabbing Sekgope. Scotch continued fighting his girlfriend. Sekgope hit him again and he stabbed him twice. He also stabbed Dihemelo many times," said the judge. He mentioned that the accused deduced a confession statement before a judicial officer. The confession statement, he said, had material discrepancies from the sworn testimony. Makhwade concluded that the sworn testimony was doctored to make it favourable to the accused. "The knife was in his possession before the fight started. I found out that he stabbed Sekgope when he came out of the house and found him stabbing Dihemelo. I give him the benefit of doubt that he stabbed him after he hit him with a knobkerrie," said the judge. He mentioned that Dihemelo was unfaithful to the accused and admitted that he had another lover. "He was emotionally attached to her and it badly pained him. But I hold that he harboured the intention to kill her and commit suicide," noted Makhwade. The judge commented that the stabbing of the two deceased people was with malice afterthought and such killing are unlawful. The stabbing of Dihemelo, he said, did not bear reasonable proportion to the provocation. In the case of Sekgope, he ruled that he (Sekgope) was entitled to hit the accused with a knobkerrie to protect her niece.
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