)
is no doubt
evidence
deceased's dying declaration is admissible in
30 (a) of
Evidence Act Cap 6. We
however, alive to the rule of practice that although there
of law that to support a conviction
no rule
declaration
it is generally
there should
corroboration
the
recognized that
is very unsafe to base a conviction solely on it.
Migezo Mibinga Vs Uganda [1955] EA 71. We find, however,
that in
instant
the deceased' s
declaration was
sufficiently corroborated.
10
First, both PW2
that
PW3
heard
tell
each of them that the appellant
iron bar.
to
made in
evidence on record,
of
declaration was
appellant who just
conduct of the appellant in
of the serious confrontation
herself by the deceased, in the presence of the
with her ·
mum.
was not
An innocent person, in our view,
would have reacted differently.
She would have protested
vigorously. Migezo Mibinga Vs Uganda (supra).
20
Secondly, there was no possibility of the deceased being mistaken
about the identity of his assailant. Although the statement was
made
about 9p.m.,
well lmew the
6
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