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to be established by the evidence which shows the reason why the accused stabbed
the deceased to death. At one breath the accused claims that she did not want to
stab the deceased but she was merely threatening to stab in order to frighten her
and everybody who may have intended to attack her. At another breath the
accused seems to say that she stabbed the deceased in order to defend herself from
the attack the deceased had already commenced upon her own person.
The position adopted by the accused presents two faces. If the stabbing of the
deceased occurred while the accused was waving or brandishing the knife about,
in order to frighten the girls away, it was therefore unintentional. It could perhaps
be said to be accidental. If the stabbing was done deliberately in retaliation for
a first fist blow delivered by the deceased upon the person of the accused and to
stop the on-coming or second blow, it was international.
The evidence by the crown witnesses and supported in all material respects by the
evidence of the accused person's own friend and classmate, LILAHLOANE
SELLO, shows without a doubt, that the accused waylaid the deceased. The
accused and her friend and classmate LILAHLOANE SELLO were walking home
together as usual.
The deceased and her classmate and friend PW1
MOLELEKENG and two others were seen across the river by accused and her