Evidence Law Case: His Majesty’s Government of Nepal v. Diwakar Pandit, NKP 2060, No. 1, DN: 7167
Case: Attempt to murder
Plaintiff/Appellant: His Majesty’s Government of Nepal on Sunita Adhikari’s FIR
Defendant/Respondent: Diwakar Pandit
Decision Number: 7167
This case is related with “court can only admit the statement produced before the court, not outside the court.”
Fact of the case:
The property case involving Diwakar Pandit’s father and his paternal uncle is being handled by advocate Rajendra Adhikari; it is presumed that the case was lost due to the lawyer’s negligence.
2052/10/15 at 12:30 PM advocate Rajendra was in his law chamber of Maitighar with other friends. When Rajendra was coming outside the bathroom, defendant Diwakar Pandit came and asked, “Who is Rajendra?” When Rajendra said, “It’s me,” he suddenly attacked Rajendra with a knife.
Rajendra’s friend restricted Diwakar, who was attempting to murder Rajendra, and attacked sensitive organs of the defendant, the head and stomach.
The defendant ran away and was arrested by traffic police with a knife by the notice of Rajendra’s friend. An FIR has been registered by his wife Sunita Adhikari, for the attempted murder of her husband.
Eyewitnesses, i.e., friends of the victim, Gyaneshwor Prasad Phuyal, Pawan Kumar Nepal, and Tipani Niraula, made their written statements at the police station. Diwakar Pandit admits his allegation in front of the police. Deed of recognizance of an 11-inch-long knife.
Decision of courts:
The district court decided that the defendant should be given 5 years imprisonment, as it is a matter of attempted murder.
The appellate court decided that there is no disturbance for the defendant to commit the crime, as he had run himself. Nobody tried to restrict him. So, it comes under the matter of Kutpit not attempting to murder.
The Supreme Court decided that the decision of the appellate court is right. It had accepted the decision of the appellate court.
Reason for decision:
Plaintiff couldn’t submit enough evidence. There is no evidence to prove the defendant had tried to kill Rajendra and his friend had rescued him. According to sec 18 of the Evidence Act 2031, the court can only admit the statement produced before the court, not outside the court. The claimant and other supporter eyewitnesses don’t give their statements inside court. Only the charge sheet and statement before the police station are not the evidence of the court.
