Criminal Law Case: Jasman Limbu v. Government of Nepal, NKP 2069, No.1, DN: 8758
Case : Homicide
Plaintiff : Government of Nepal on behalf of Shakuntala Rai
Defendant : Jasman Limbu, Purna Bahadur, Ramesh Rai and others
Decision No: 8758
This case is related with criminal conspiracy.(Gang Fight)
Facts of the Case:
Bishnu Limbu was killed by Jasman Limbu, Purna Bahadur (Shree Prasad) Limbu, Ramesh Rai, and others while he was anchoring a cultural program at around 3:00 AM on 2067/07/14 in Dharan.
A crime scene investigation report described clots of blood found a few feet away from the road in Dharan-9. A blood-stained khukuri, iron rods, iron pipes, and other weapons were also recovered from the same place.
Six accused, including Jasman Limbu, were arrested from the house of another person (Shakuntala Rai), and two pieces of khukuri and four swords were also recovered from there.
Most of the arrested individuals confessed before the police that they had attacked and killed Bishnu Limbu because he and two others had earlier assaulted and seriously injured Purna Bahadur Limbu on 2067/07/13. Acting on Purna Bahadur’s instructions, they found Bishnu Limbu and killed him using various weapons.
However, later in court, some of the accused reaffirmed their confessions made to the police, while 10 others, including Jasman Limbu, denied any involvement in Bishnu Limbu’s killing.
The dead body inquest report (Laash Jaanch Muchulka) recorded twelve deep cut injuries, including bone fractures caused by sharp weapons and a severely damaged head with inner parts (giddi) coming out.
The postmortem report concluded that the cause of death was hemorrhage and shock resulting from multiple injuries to vital organs caused by sharp weapons.
Decision of courts:
Trial Court Decision:
4 accused-life term imprisonment, including confiscation of property
Jasman Limbu-life term imprisonment
3 convicts-jail term of 5 years
Suraj Rai-1 year and 8 months in jail
Ramesh Rai-acquitted due to lack of evidence
3 absconding accused-the case was kept in suspension.
Both the parties filed appeals to the appeal court of Biratnagar. The appeal court upheld the decision of the trial court.
Now, both the plaintiff and defendants moved to the supreme court, challenging the judgment given by the appeal court.
Supreme Court:
- Jasman Limbu’s life imprisonment as per No. 13(4) was converted into life imprisonment with confiscation of his share of property as per No. 13(1).
- Rajkumar Rai being found as one of the principal offenders, his sentence of mere life imprisonment as per No. 13(3) was enhanced and converted into life imprisonment with confiscation of his share of property as per No. 13(1).
- The sentence of life imprisonment awarded to Purna Bahadur Limbu (Shree Prasad) as per No. 13 (4) for giving the order for killing was reduced to 10 years imprisonment as per No. 16 (for conspiring to carry out the murder).
- Baljit’s (Raj Kumar Tamang’s) life imprisonment as per number 13(3) was converted into 5-year imprisonment as per No. 17(2).
- The conviction of Diwas Limbu was quashed on the ground of confusion about his identity.
- The acquittal verdict given in favor of Ramesh Rai by both the trial court and the appeal court was upheld for lack of incriminating evidence against him.
Principle Established:
If more than one person is collectively involved in some criminal offense, it’s essential to ascertain every individual’s criminal liability by analyzing their respective criminal acts. It cannot be justified to hold everybody equally liable for the offense.
