upon by the learned trial judge to convict the appellant. Regarding
the reduction of the charge
to manslaughter
the
learned trial judge, counsel contended that this was because of lack
of proof of intention to kill on the
view that
It was his
medical report was properly admitted
it confirmed the deceased
witnesses had stated.
evidence
indeed been assaulted ·
the
It was counsel's contention that the
s dying declaration was sufficiently corroborated to
justify its use in the conviction of the appellant.
10
trial judge had this to
1n
judgment: -
"There is no doubt that Rwabambarama is dead and buried.
There is no doubt that he died of an unlawful act. I accept
the evidence of deceased 's mother that he heard him crying
out that accused was beating him. She went to his house
and accused with impunity told her not to interfere in their
family affairs.
I accept the evidence of J(akara PW2 that he answered the
20
alarm raised by deceased's mother and found deceased
lying by the bed. I unhesitatingly accept his evidence that
deceased told him that accused had hit him with an iron bar
on the chest.
This is dying declaration admissible in
4
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