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]