The High Court, Dipayal, has overturned the district court's decision and ordered six people to be sentenced to life imprisonment and pay compensation, while the district court's decision for the other four has been upheld.
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The murder of 15-year-old Binod Shahi in Jestha 2079, amid political tension in Panchadeval Binayak Municipality of Achham after the local elections, has taken a new legal turn after four years.
Hearing an appeal filed against some of the defendants who were acquitted and sentenced to lesser sentences by the District Court Achham, the High Court Dipayal has overturned the district court's decision. A joint bench of Chief Justice Dinesh Prasad Yadav and Justice Poonam Singh Chand of the High Court overturned the district court's decision and sentenced six people to life imprisonment on Monday.
According to court spokesperson Nar Bahadur Negi, Sajjan Shahi, Mahendra Shahi, Birendra Shahi, Devendra Shahi, Prithvi Shahi and Akkal Shahi have been sentenced to life imprisonment under Section 177(2) of the Criminal Code, 2074 BS.
Sajjan Shahi is also the President of the Panchadeval Binayak Nagar Sabha of the Nepali Congress. Spokesperson Negi said that an order has also been issued to pay compensation to the victim at the rate of one lakh rupees each.
In the case of the other four defendants Danmati Bam Shahi, Draupati Shahi, Karna Bahadur Shahi and Shanti Kumari Shahi, the decision of the Achham District Court has been upheld. Earlier, on 4 Mangsir 2082, the Achham District Court had heard the case and decided to acquit all the defendants.
This is what happened
After the local level elections held on 30 Baisakh 2079, political tension increased between Congress and UML supporters in Panchadeval Vinayak. After the election results were made public, there were repeated disputes in the village. In the meantime, on 17 Jestha, Binod Shahi suddenly went missing.
Although his family searched for him, his condition could not be found. Four days later, on 21 Jestha, his body was found. In the initial investigation, the police had concluded that he was beaten to death.
The family of the deceased filed a complaint against 13 people. After the incident, locals had staged a protest alleging that the investigation was not fair. After continuous demonstrations in front of the District Court, the Public Prosecutor's Office and the District Administration Office, prohibitory orders were also issued in various areas of Mangalsen Bazaar.
The Public Prosecutor's Office had filed a case of manslaughter against 10 people. Since the investigation, prosecution and detention order of the incident, the case had been in the news due to political influence, evidence collection and investigation process.
After a long hearing, the District Court of Achham acquitted some of the defendants and sentenced others to different sentences. Expressing dissatisfaction with the decision, the family of the deceased claimed that the court did not evaluate the direct and circumstantial evidence of the incident. The Public Prosecutor's Office had appealed the case to the High Court.
Hearing the appeal, the High Court of Dipayal disagreed with the conclusion of the District Court. The court overturned the district court's decision, saying that the involvement of the accused would be confirmed after a comprehensive evaluation of the circumstantial evidence, witnesses, and materials collected from the investigation.
This murder case, which began four years ago due to a local political dispute, had created a continuous debate on the impartiality of the investigation, political influence, and judicial process.
With the latest verdict of the High Court, the victim's family has responded that justice has finally been served, while the defendant has stated that they are preparing to move the Supreme Court against the verdict.
According to High Court spokesperson Negi, the defendant has the facility to appeal against the High Court's verdict to the Supreme Court within 70 days. There is a legal provision to appeal in prison in cases of life imprisonment. The High Court has stated that there is a provision that the court's verdict will automatically go to the Supreme Court's forensic examination process.
