Free from the Charge of Homicide after 6 Years of Imprisonment
January 01, 2017
Ramesh Singh Khadka was found dead on 10th May 2010 at the bank of Mahakali River, where he had gone for fishing. An FIR was filed against Ravi Lawod, Kamal Singh Kahdka and Jaya Bdr Shrestha based on their surfaced enmities in the past. Prosecutor filed charge sheet against Ravi Lawod under 13(3) of murder chapter of Muluki Ain 2020 BS. Kanchanpur District Court sentenced to 20 years in jail on the murder of Ramesh Singh Khadka on the ground that they had enmities in the past. Appellate Court Mahendranagar acknowledged there was not any direct evidence that proved Ravi Lawod had murdered Ramesh Singh Khadka. However, the appellate Court also sentenced to 20 years in jail based on circumstantial evidence.
CeLRRd helped the accused to file appeal against the decision of Appellate Court Mahendranagar in Supreme Court pleading that the accused was not guilty. Lawyers from CeLRRd pleaded on his case on the ground that ‘benefit of doubt goes to the accused. Primarily, Ravi had denied the allegations and there wasn’t any single scientific and physical evidence that proved he had committed the crime of murder. Even the post-mortem report stated that killing was “most probably due to drowning but can be confirmed only after the report of the viscera sent for examination”. Also, in the FIR deceased wife had stated that Lawod did not help her to search for her husband that night, so she filed the FIR against him. Moreover, there wasn’t any other evidence apart from former enmities between Lawod and Khadka.
Supreme Court acknowledged that there was no direct evidence against Ravi Lawod committing crime of murder. The court also stated the FIR was not filed immediately against him but it amounts to “after thought statement”. The statements of witness were also controversial. Based on such evidence, above facts and evidence Supreme Court acquitted Lawod on 3rd August 2016.
For six years, Ravi was imprisoned for the crime he had not committed; he become the victim of criminal justice system of Nepal that convicted the accused based on doubts and circumstantial evidence ignoring the scientific and physical evidence. After six years of waiting for legal aid of CeLRRd contributed to ensure his liberty and dignity back freeing him from all the charges of murder.
