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1949 Supreme(SC) 4

Tumahole Bereng and others – Appellant
Versus
The King. – Respondent


Advocates Appeared:
Burchells and Co., Jaques and Co., frank Gahan, Melford Stevenson and Co., J.T. Monlony, J.D. Casswell

Lord MacDermott.-

This was an appeal from a judgment of the High Court of Basutoland of 25th October 1947, whereby the seven appellants were convicted of the murder of one Katse Phatela on 25th December 1945, at Phatela's in the District of Qacha's Nek, and sentenced to death.

[2] The case for the crown was that the killing of Katse was a ritual murder committed by ten persons for the purpose of obtaining human blood to be used by a witch-doctor named Molume Kaphe in connection with a dispute about land. Of these ten, the witch doctor died in gaol while awaiting trial and two others, Jan Gat and Maama Molahlehi, gave evidence for the prosecution. The remaining seven are the appellants. It is unnecessary to recite the evidence adduced at the trial in detail. At this stage, it will suffice to say that the Crown testimony in support of the, charge was to the effect that Katse was chosen by appellant 1 as the victim whose blood was required; that a feast previously arranged by appellant 1 was held in the hut of appellant 2 on Christmas Day 1945; that Katse was there plied with drink until be was insensible; that he was taken out of the hut after dark and carried by some of the ten person



























































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