KATHMANDU, Dec 21: Altering an order by Hetauda Appellate Court, the Supreme Court on Monday ordered Chhabilal Paudel into judicial custody on the charge of the murder of Krishna Prasad Adhikari of Phujel, Gorkha district.
A division bench of Justices Girish Chandra Lal and Deepak Raj Joshi found the appellate court order to release on bail all the accused in the murder was flawed with regard to Chhabilal Paudel.
However, the bench upheld the lower court order with regard to the other accused -- namely Bhisma Raj Paudel, Ram Prasad Adhikari, Parshuram Paudel, Meghnath Paudel, Kali Prasad Adhikari, Januka Paudel, Hem Lal Adhikari, Sita Adhikari, Bishnu Tiwari, Shubhadra Tiwari and one other Ram Prasad Adhikari.
Nanda Prasad Adhikari, the father of Krishna Prasad, died last year while staging a fast-unto-death for 329 days, demanding justice over the murder of his son.
Maoist cadres had allegedly murdered Krishna Prasad at Bakulahar Chowk of Ratnanagar, Chitwan in June 2004, accusing him of being a police informant.
Following the murder, Nanda Prasad and his wife Ganga Maya had started a struggle for justice. Nanda Prasad registered complaints against three of the accused on June 7, 2004, and Krishna's brother Nur Prasad filed another complaints against 11 others.
After the Adhikaris' long battle and fast-unto-death, the government had filed a case against 13 persons at District Court, Chitwan on April 13, 2014.
However, the district court released all the accused on bail on April 17, 2014. The appellate court on June 18, 2015 upheld the district court order. Ganga Maya had then moved the Supreme Court.
The apex court on Monday stated that the available evidence against Chhabi Lal Paudel showed his involvement in the murder and that he should be kept in judicial custody unless and until proven otherwise.
The district court is yet to give its final verdict regarding the murder case.
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