HMG V BINOD NEPAL NKP 2062

ATTEMPT TO MURDER

DATE : 2062 BS

COURT : SUPREME COURT OF NEPAL

DECISION NO. :7486

CATEGORY : CRIMINAL CASE

BACKGROUND

In the case of Government of Nepal V. Binod Nepal  there was an issue of Attempt to Murder. Accused stabbed Victim  with knife on chest with the intention to kill, Supreme Court sentenced him for 5 yrs imprisonment attempt to murder.

DETAIL

Shiva Pokharel had slapped Binod Nepal in Tihar to stop Fight between Binod and  Ganesh K.C. Due to that Binod with four strangers went to kill Shiva. Binod Stabbed Shiva with knife on the chest with intention to kill Shiva, Binod  tried to attack second time but Ganesh stopped him. Binod was accused of attempt to murder. He confesses the guilt before the police as well as court.

VERDICT

The Supreme Court convicted and sentenced him 5years imprisonment on the ground of confession of accused before police, eye witness, intention, FIR and intervention of third party and in correspondence with No.15 of homicide.

June 8, 2017 Attorney, Criminal Law 0

HMG v Abdul Fatte Musalman (NKP, 2044, p. 840)

DEFENSE ON CONSENT

DATE : 2044 BS

COURT : SUPREME COURT OF NEPAL

CATEGORY: CRIMINAL LAW

BACKGROUND

HMG v Abdul Fatte Musalman (NKP, 2044, p. 840)  Case of suicide pact.

DETAIL

In this case Indra found dead by cutting throat and Abdul in unconscious conditions in the same room having several wound.

Abdul survives after treatment and according to him they were under love and they wanted to get married but family of Indra did not allow and one day they decided to commit suicide together.

Indra handed over a knife to Abdul and he stabbed knife to Indra’s throat firstly and he stabbed himself until got unconscious. Abdul pleaded defense of consent but the court rejected Abdul’s  plea.

VERDICT

In this case  the Supreme court convicted Abdul  in murder but using 188 he was sentenced for 6 years imprisonment.

June 7, 2017 Attorney, Criminal Law 0

Government of Nepal V. Bikash Mahat

DEFENSE FOR INFANCY 

DATE : 2067 BS

COURT : SUPREME COURT OF NEPAL

CATEGORY : CRIMINAL CASE

BACKGROUND

In the case of Government of Nepal V. Bikash Mahat and Others, there was an issue related with the age of the accused. Government of Nepal V. Bikash Mahat and Others, NKP (2067), p.1159, SC (DB), DN 8415.

VERDICT

If the age of the accuse is less than the age as prescribed in Children Act, 2048, then what will be duration of the imprisonment?

The Supreme Court firstly decided the case and apply the No. 188 of the Chapter on “Court Management.”

Then it stated that the adult has been imprisoned for ten years by using the above provisions of the Muluki Ain, then the child should get the benefit of the Children Act, 2048 and he should be imprisoned for five years according to Section 11(3) of the Children Act, 2048. [Government of Nepal V. Bikash Mahat and Others, NKP (2067), p.1159, SC (DB), DN 8415]

 

June 6, 2017 Attorney, Criminal Law 0

Government of Nepal V. Keshab Bahadur Budhathoki

MISTAKE OF FACT

DATE-2067 BS

COURT – SUPREME COURT OF NEPAL

CATEGORY – CRIMINAL LAW

TITLE

Supreme Court of Nepal, in the case of Government of Nepal V. Keshab Bahadur Budhathoki, has decided the issue related with the Mistake of Fact.

DETAILS

In this case the victim was killed by the defendant due to the Mistake of the Fact. The victim and the defendant and other three people had gone in forest for hunting.

The victim went to put the food for animal (chari). The defendant was ready with gun. The defendant heard the sound of leafs and thought that the hunt (animal) came and pulled trigger of the gun and victim was killed.

VERDICT

The Supreme Court held that Mistake of Fact is excused. But Mistake of Fact is not excused in all types of law. It is applicable only in criminal law. [Government of Nepal V. Keshab Bahadur Budhathoki, NKP (2067), p. 1337, SC (DB), DN 8435]

June 4, 2017 Attorney, Criminal Law 0

Dal Bahadur Gurung V. HMG

DEFENSE IN CASE OF INTOXICATION

DATE – 2042 BS

COURT – SUPREME COURT OF NEPAL

CATEGORY – CRIMINAL LAW

BACKGROUND

The Supreme Court of Nepal has also recognized intoxication as a ground of mitigation of punishment in case of homicide. In Dal Bahadur Gurung V. HMG,

 DETAILS

The accused father killed his deceased daughter while intoxicated consuming excessive portion of wine by stabbing with Khukuri repeatedly and resulting in consequent death of his daughter.

 VERDICT

In this case, the Supreme Court held that in the case, where there is no any intention to kill and without having any murderous enmity, the accused had killed the victim while he was intoxicated due to consuming excessive dosage of wine, maximum punishment as per No. 13(3) of the Chapter on “Homicide” would be grave for the accused so the punishment is reduced to 10 years imprisonment as per No. 188 of the Chapter on “Court Management.” (Dal Bahadur Gurung V HMG, NKP 2042, p. 863, DN 2496)

June 2, 2017 Attorney, Criminal Law 0