Deciding on the petition filed by the two accused, Mukesh Budathoki and Devananda Yadav, a single bench of Judge Devendra Gopal Shrestha, on Thursday ordered that they be freed. [break]
Budathoki and Yadav were caught red handed by the police when they, along with others, attacked inmate Abhishek Giri on the premises of Morang District Court on June 1. Giri´s wife Anisha had filed attempt to murder case against 17 people including Budathoki, Yadav and then Morang Youth Force president Parshuram Basent.
The district court had sentenced all those involved to jail.
Judge Shrestha, on Thursday, stated that the duo deserved to be free as the order of the district court was erroneous. However, the bench did not decide in favor of Manoj Singh Rai, who was caught along with the duo.
Interestingly, the district court had earlier freed one ´Rikky´, also an accused in the same case, citing lack of evidence.
Meanwhile, government lawyers said they would challenge the appellate court´s order at the Supreme Court.
"Those who insulted the court by attempting murder on its premises have been set free. We will contest the decision at the Supreme Court," said Rajan Bhattarai, a government lawyer.
Similarly, Giri´s wife Anisha complained that the court´s order has done injustice to her. "We will go to the Supreme court to seek justice," she added.
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