Criminal Case Law: His Majesty Government of Nepal v. Mayasori Damini, NKP 2037, No. 11, DN 1414-2 (3rd Semester TU)
Case: Homicide (Crime dies with the Criminal)
Plaintiff: HMG on behalf of Mr. Min Bahadur Rokaha
Defendant: Mayasori Damini
Decision No: 1414-2
“Dropping the case at the mid of trial because of the death of accused.”
Fact of the case:
Prasad Singh Nath Kusle was countered for homicide and sentenced for life imprisonment with confiscation of property by Baglung District Court and the judgement was referred to Western Regional Court.
Western Regional Court of Pokhara was confirmed the decision of the trial court (i.e. 5 years imprisonment). Case referred to the Supreme Court in the form of Sadhak about Singh Nath Kusle who had been sentenced to life imprisonment with confiscation of property.
But Singh Nath Kusle had subsequently passed away(died) during his stay in the prison.
Decision of the Court:
As the accused Singh Nath Kusle, sentenced to life imprisonment with confiscation of property is found to have passed away in the prison as mentioned in the judgement delivered by the Western Regional Court Pokhara, in such situation there is no need to refer the case to the Supreme Court in the form of Sadhak because no criminal liability could be imposed on the deceased person.
Principle Established:
This case support the Crime dies with criminal principle of criminal law. The statement “crime dies with the criminal” means that if a defendant in a criminal case dies, the criminal proceedings are typically terminated, as punishment cannot be imposed on a deceased person.
