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The acts committed by Dukuzumuremyi, specifically striking his mother with a stone in a vital area, constitute murder rather than assault causing death. His inconsistent admissions and lack of credible remorse do not warrant mitigation. The sentence imposed by the High Court is appropriate and should stand.
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The Court found Munyankumburwa intentionally killed the victim by disobeying his superior's order and firing three bullets, constituting homicide under article 311 of Decree Law nÂş 21/1977. The penalty was already reduced by the High Court due to mitigating circumstances. Burera District is civilly liable for damages as the act was committed during Munyankumburwa's duties, despite being outside the district's territorial jurisdiction and with a gun not belonging to him. The cross appeal for counsel fees was granted as necessary and reasonable.
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