Butwal

The Tulsipur Butwal bench of the High Court has ordered the victim to be compensated from the court's victim relief fund, citing the weak financial condition of the defendant in the murder industry case. The High Court itself has claimed that this order is historic.

According to the details of the incident, on 2082 Paush 8, 2082, there was a minor assault between Amit Gurung, 27, of Butwal Sub-metropolitan City-9, and Ganesh Sunar, 26, of Deragari, Butwal Sub-metropolitan City-9. Ganesh Sunar, who works as a wage laborer, and his friend were walking while preparing a board to put up a hoarding board at a hotel near the bus park in Butwal. Suddenly, after being assaulted by a person he did not know, Ganesh Sunar also punched Gurung. After Ganesh's punch caused Amit's nose to bleed, Ganesh and his friend Manoj Darlami, who was working with him, immediately took Amit to Lumbini Provincial Hospital for treatment and returned to work.

However, later, Amit's mother Bimala reached Gurung Hospital and said that there was no treatment there, so she took Amit to Bhairahawa Medical College for treatment. Amit's mother Bimala filed a complaint with the Area Police Office, Butwal, demanding that Ganesh Sunar be arrested and taken to court for murder and compensation. Following her complaint, the police arrested Ganesh Sunar on the same day.

After further investigation by the Area Police Office, the police registered a case in the Rupandehi District Court on Poush 30 through the government attorney. After the court found Ganesh Sunar guilty on Magh 4, 2082 and ordered him to be sent to prison, the District Government Attorney's Office approached the Butwal High Court, demanding that Ganesh Sunar also pay compensation for his treatment. 

The bench of Butwal High Court Chief Justice Vasudev Acharya and Justice Om Prasad Aryal on Chaitra 20, 2082, overturned the district court's order and ordered that the victim be provided with Rs 218,175 from the government fund as the victim was unable to get the money for treatment expenses and other expenses due to the weak financial condition of the defendant in the case. The judges provided the compensation from the relief fund in accordance with Section 29 of the Crime Victims Protection Act, 2075. The high court has also ordered Ganesh Sunar to be released from detention on a bail of Rs 25,000.

Following the high court's order, Ganesh was released from detention after raising the bail of Rs 25,000 through his neighbors and associates. Similarly, the district court has also received Rs 218,175 as compensation for the expenses as per the hospital bill submitted by Amit Gurung. Advocate Meghnath Khanal, who argued on behalf of Ganesh, said that although there is a legal provision to provide expenses from the relief fund in cases where both parties are financially weak, it has not been used in the case of secular criminal cases so far, and this is the first order from the Tulsipur Butwal bench of the High Court. ‘Now, the Attorney General’s office has also issued instructions that relief can be provided in all districts and high courts,’ he said, ‘but, in our case, the order was made before that circular.’ 

Although there was a practice of providing compensation from the relief fund in cases of rape, sexual violence, etc., in criminal cases, compensation was provided from the relief fund to the perpetrator.

The High Court has taken the basis for providing compensation from the relief fund based on the fact that there was no prior acquaintance or enmity between the plaintiff and the defendant at the time of the incident, that the defendant did not use any weapon, that the punch was seen, and the condition of the injured person's injuries, the defendant's statement, and the victim's statement on the occasion, said Thirendra Prasad Subedi, Information Officer of the Tulsipur Butwal Bench of the High Court.