INSUBCONTINENT EXCLUSIVE:
KATHMANDU, AUGUST 16The Supreme Court released the full text of its verdict passed in response to appeals filed by
Resham Chaudhary and some other defendants who were convicted in the Kailali carnage.
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In the case of Resham Chaudhary, the division
bench of Justices Ananda Mohan Bhattarai and Nahakul Subedi ruled that the government had proved the charges against Resham Chaudhary beyond
The top court observed that the statements of the co-accused before police, their deposition in the court, government witnesses' statements
before police and the court and call details of Chaudhary's cellular phones proved his involvement in the Kailali incident in which eight
police personnel, including SSP Laxman Neupane and a toddler were killed on 24 August 2015.Resham Chaudhary got out of jail after the
government granted him amnesty on the occasion of Republic Day on May 29.
In its conviction ruling the SC placed its
reliance on co-accused Karan Chaudhary, a minor, who recorded his statement before the police and the court maintaining consistency when he
said Resham Chaudhary, who was present during the incident, congratulated him and took him in his arms.The SC stated in its verdict that
co-accused Pradip Chaudhary, Hari Narayan Chaudhary, and Karan Chaudhary had recorded their statements before the police saying that the
incident occurred at the planning and direction of Resham Chaudhary.The SC observed that co-accused Pradip Chaudhary recorded his statement
before the police saying Resham Chaudhary was present in the crowd on the day of the incident and he had also beaten SSP Neupane with a
stick.The SC stated in its ruling that co-accused Karan Chaudhary told police that Resham Chaudhary took him in his arms, saying 'you killed
police, you are brave.' The SC said other defendants Hari Narayan Chaudhary and Ram Kumar Kathariya also made similar statements before the
police.Although Pradip Chaudhary denied his involvement in the Kailali carnage, Karan Chaudhary made a similar statement in the court that
he had recorded before the police after the incident
The court observed that Karan Chaudhary mentioned Resham Chaudhary's reaction 'congratulating him and taking him in his arms.' The court
said that Karan Chaudhary's deposition in the court should be admitted as important evidence and not an exaggerated fact
The court said that all the people who had lodged FIR against the defendants accused Resham Chaudhary and their accusation was corroborated
by other evidences, mainly those of government witnesses.The court also placed its reliance on the statement of government witnesses Laxmi
Khadka, Sharada Kadayat Bohara, Jung Bahadur Saud and Ram Bahadur Air while convicting Resham Chaudhary
The court also stated that a video clip pointed to the fact that Resham Chaudhary had ordered locals to come for the protest on 24 August
2015,On Resham's plea of alibi, the court said that although Resham Chaudhary said he was not present at the incident site, his mobile phone
details proved that he was nearby
The court said that government witnesses, injured people and the co-accused made consistent and harmonious statements about Resham Chaudhary
being present at the incident site
Resham Chaudhary had claimed that he had gone to Bardiya in the morning and he was not present at the incident site at the time when the
incident occurred.The top court said that co-accused Laxman Chaudhary had deposed before Kailali District Court saying he talked to Resham
Chaudhary after the incident and the latter told him that he was in his Fulbari FM Radio station in Kailali.Kailali District Court had, in
March 2019, sentenced Resham Chaudhary to life imprisonment (20 years in prison) for his role in the Tikapur carnage, which had been
endorsed by Diapayal High Court
The SC endorsed the lower court's verdict in the case of Resham Chaudhary
Resham Chaudhary who had absconded after the incident had surrendered on 26 February 2018.Chaudhary opened a new party - Nagarik Unmukti
Party - which won four parliamentary seats in the last general election
His wife Ranjita Shrestha, who chairs the party, is currently the minister of Land Management, Cooperatives and Poverty Alleviation.A case
was filed against Resham Chaudhary along with 57 others for murder, attempt to murder, and theft, among other charges
Thirty-one of the accused are still absconding.A version of this article appears in the print on August 17, 2023, of The Himalayan Times.
This article first appeared/also appeared in https://thehimalayantimes.com
