TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress leader Rahul Gandhi

    Where Is Rahul Gandhi? On His 55th Birthday, the ‘Youth Leader’ Still Seems ‘Missing’

    Sonam Raghuvanshi Named Prime Suspect

    Who Was ‘Sanjay Verma’—and Why Did Sonam Raghuvanshi Call Him Over 100 Times Before Her Husband’s Murder?

    Centre Withholds Travel Nod for US Conference

    No Go for Priyank Kharge: Centre Withholds Travel Nod for US Conference

    Akhilesh Yadav

    Akhilesh Yadav Promises Unity in UP, But INDIA Bloc Still Struggles to Stay Together

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    India’s Education Sector Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    real estate

    US Firms Hit All-Time High in Office Space Leasing Across India: Report

    PM Narendra Modia

    11 Years of Modi Govt: Making Welfare Seamless with Direct Benefit Transfers, DigiLocker, UMANG

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    reliance infrastructure in strategic partnership

    Reliance Infrastructure and Dassault Aviation Expand Falcon Jet Manufacturing to India

    congress leader likens operation sindoor to a computer game

    Congress’ Patole terms Operation Sindoor as ‘Video Game’, Sparks Controversy

    India-Russia Pact on the Su‑57 as a Leap of Strategic Trust

    From Buyer to Partner: What the Su‑57 Means for India’s Military Autonomy Inside Russia’s Su‑57 Gamble with India

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Khalistani Extremists Using Canadian Soil to Fund and Plot Anti-India Attacks: Canada's intelligence agency CSIS

    Khalistani Extremists Targeting India from Canada: Canada’s Intelligence Agency

    operation sindhu

    110 Indian Students Evacuated from Iran Under ‘Operation Sindhu’

    PM Modi's visit may propel for India-Canada FTA

    India-Canada Diplomatic Reset: Modi and Carney Pave Way for Trade Talks

    Asim Munir Meets Trump in Washington Amid U.S. Protest and Regional Tensions

    Trump to Meet Asim Munir in Washington Amid Protests and Regional Tensions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    India Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    India’s Education Sector Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    jagannath rath yatra

    Everything You Need to Know About Jagannath Rath Yatra: History, Significance, Rituals, and Celebrations

    Bobby Mukkamala Becomes 1st Indian-American President of AMA

    Bobby Mukkamala Becomes First Indian-American President of the American Medical Association

    The Vedic Ethos: A Civilization of Knowledge and Inquiry

    From Rigvedic Wisdom to Modern Decay: How Islamisation Crushed a Knowledge Civilization

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    the world's most liveable cities in 2025

    Copenhagen Named World’s Most Liveable City for 2025, Surpassing Vienna

    Air India flights getting cancelled after Ahmedabad plane crash

    After Ahmedabad Crash, several Air India Flights Face Technical Issues

    India's quantum leap

    India’s Quantum Leap: DRDO and IIT Delhi Develop Ultra-Secure Communication

    Revolutionizing Indian Agriculture through Digital Intelligence and Data-Led Governance

    Revolutionizing Indian Agriculture through Digital Intelligence and Data-Led Governance

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress leader Rahul Gandhi

    Where Is Rahul Gandhi? On His 55th Birthday, the ‘Youth Leader’ Still Seems ‘Missing’

    Sonam Raghuvanshi Named Prime Suspect

    Who Was ‘Sanjay Verma’—and Why Did Sonam Raghuvanshi Call Him Over 100 Times Before Her Husband’s Murder?

    Centre Withholds Travel Nod for US Conference

    No Go for Priyank Kharge: Centre Withholds Travel Nod for US Conference

    Akhilesh Yadav

    Akhilesh Yadav Promises Unity in UP, But INDIA Bloc Still Struggles to Stay Together

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    India’s Education Sector Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    real estate

    US Firms Hit All-Time High in Office Space Leasing Across India: Report

    PM Narendra Modia

    11 Years of Modi Govt: Making Welfare Seamless with Direct Benefit Transfers, DigiLocker, UMANG

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    India Ranks 2nd Globally in Social Security Coverage for the Poor, Says ILO

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    reliance infrastructure in strategic partnership

    Reliance Infrastructure and Dassault Aviation Expand Falcon Jet Manufacturing to India

    congress leader likens operation sindoor to a computer game

    Congress’ Patole terms Operation Sindoor as ‘Video Game’, Sparks Controversy

    India-Russia Pact on the Su‑57 as a Leap of Strategic Trust

    From Buyer to Partner: What the Su‑57 Means for India’s Military Autonomy Inside Russia’s Su‑57 Gamble with India

    Dassault and Tata to Begin Rafale Fuselage Production in India

    Dassault and Tata to Begin Rafale Fuselage Production in India, Marking Major Milestone in Defence Manufacturing

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Khalistani Extremists Using Canadian Soil to Fund and Plot Anti-India Attacks: Canada's intelligence agency CSIS

    Khalistani Extremists Targeting India from Canada: Canada’s Intelligence Agency

    operation sindhu

    110 Indian Students Evacuated from Iran Under ‘Operation Sindhu’

    PM Modi's visit may propel for India-Canada FTA

    India-Canada Diplomatic Reset: Modi and Carney Pave Way for Trade Talks

    Asim Munir Meets Trump in Washington Amid U.S. Protest and Regional Tensions

    Trump to Meet Asim Munir in Washington Amid Protests and Regional Tensions

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    India Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    India’s Education Sector Makes Global Strides in QS Rankings 2026 with Record 54 Institutions

    jagannath rath yatra

    Everything You Need to Know About Jagannath Rath Yatra: History, Significance, Rituals, and Celebrations

    Bobby Mukkamala Becomes 1st Indian-American President of AMA

    Bobby Mukkamala Becomes First Indian-American President of the American Medical Association

    The Vedic Ethos: A Civilization of Knowledge and Inquiry

    From Rigvedic Wisdom to Modern Decay: How Islamisation Crushed a Knowledge Civilization

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    the world's most liveable cities in 2025

    Copenhagen Named World’s Most Liveable City for 2025, Surpassing Vienna

    Air India flights getting cancelled after Ahmedabad plane crash

    After Ahmedabad Crash, several Air India Flights Face Technical Issues

    India's quantum leap

    India’s Quantum Leap: DRDO and IIT Delhi Develop Ultra-Secure Communication

    Revolutionizing Indian Agriculture through Digital Intelligence and Data-Led Governance

    Revolutionizing Indian Agriculture through Digital Intelligence and Data-Led Governance

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

When a Nepalese immigrant killed one person thinking they were ghosts and Court let him go

Abhishek Kumar Singh by Abhishek Kumar Singh
6 January 2023
in Law
Facts of the Orissa Vs Ram Bahadur Thapa case
Share on FacebookShare on X

Orissa Vs Ram Bahadur Thapa case: Ghosts are part of human society. Their concept has been there ever since the first conscious sapiens came into being. Consequently, they are part of the legal system as well. There have been cases where people have claimed innocence in the name of ghosts, and the court let them go.

Facts of the Orissa Vs Ram Bahadur Thapa case

An abandoned aerodrome existed in Rasgovindpur village of Balasore district. Local folklore was filled with ghost stories. Despite that, a gentleman named Jagat Bandhu Chatterjee wanted to buy aeroscrap. In April 1958, he came to Rasgovindpur for preliminary analysis. A Nepali servant named Ram Bahadur Thapa accompanied him. Both Chatterjee and Nepali also stumbled upon the ghost stories in the locality.

RelatedPosts

Bombay High Court Restrains Arrest of Comedian Kunal Kamra in FIR Over Satirical Video

Aaditya Thackeray, others booked in gangrape, murder complaint in Disha Salian’s case

Bombay High Court Reduces Life Sentence of Child Rapist, Calls It ‘Harsh and Excessive

Load More

On May 20, 1958, a person named Chandra Majhi of Telkundi village stopped at the tea stall of Krishna Chandra Patro in Rasgovindpur. He feared ghosts and so did not find it apt to go to the village. However, Jagat Bandhu Chatterjee and his Nepalese servant Thapa had other ideas in mind. They persuaded the tea seller to accompany them in ferrying Chandra to Telkundi. The mission was successful, but not the return.

Also read: The Jan Vishwas (Amendment of Provisions) Bill, 2022: The bill which truly justifies its name

While returning, they saw some extravagant movement of human shades and lights. Thapa drew his Khurki and charged at them. Before he could gain control, a girl named Gelhi Majhiani was dead. Two other girls and Patro got injured. Nepali was charged with Sections 302 for murder, section 324 and 326 for voluntarily causing hurt. However, even after the charges were proven, the Sessions Court let Thapa go. The court relied on Section 79 of the IPC in this case.

Section 79 is used as a protective tool when a person has committed a crime, but in good faith. Another factor necessary to relieve the accused is that his/her state of mind genuinely failed to understand the real facts at hand. It shows that the person did not have any intention of committing a crime and did it in good faith.

Also read: Indian IT Act must be amended to curb the excess of big corporations

Broad understanding of Section 79

The matter ultimately reached the Orissa High Court. The High Court took its time getting to the depth of the case. It only considered Chatterjee’s statements as reliable, as other witnesses had lost trust due to constant changes in their statements. Even the angle of Chatterjee’s sympathy towards his own servant was not considered since Chatterjee’s statement remained constant throughout the hearings.

The main question before the court was whether Nepali acted in good faith. The High Court acknowledged that good faith requires due care and attention. However, there is no universal prerequisite for these criteria. The court relied on the interpretation laid out in the Emperor v. Abdeol Wadood Ahmed case.

In that case, the Bombay High Court had held that the honest conclusion of a calm and philosophical mind varies from a person excited by sectarian zeal and untrained to reason. Another case named Bhawoo Jivaji vs. Mulji Dayal was also cited. In this case, the Bombay High Court had opined that the question of good faith depends on the facts and circumstances of each case. The Orissa High Court also looked into similar observations in the Po Mye v. The King case.

Orissa Vs Ram Bahadur Thapa case Source: IndianKanoon

Thapa fulfilled every criteria

It was then a question of whether Thapa satisfied the criteria laid down in these interpretations. After closely studying the facts, the High Court observed that Thapa was Nepali, and that is why the only reliable reference for him were the people around him. In this case, his master Chatterjee and friend Patro were his guiding forces. Additionally, he was a firm believer in ghosts. Chatterjee and Patro should have worked towards educating him out of this belief. Instead, they were both adding rationality to his irrational beliefs.

Orissa Vs Ram Bahadur Thapa case Source: IndianKanoon

Also read: Money Bill: All the times, Aadhaar was discussed in Supreme Court

The court took these facts into consideration and held that any person of Thapa’s mindset would react similarly. To substantiate its argument, the High Court said that Chatterjee and Patro, who are of superior intellect, also inferred from the lights and movements that they were ghosts.

Ultimately, there was no reason for the Nepalis to believe that no ghost was there. Petitioners then urged that Thapa could have flashed the torch, which makes it a clear case of acting without due care and attention. The court did not agree with it and held that he had zero doubt in his mind and that, therefore, his impulses did not allow him to flash the torch.

Source: IndianKanoon

Two other similar cases, namely the Waryam Singh Case and the Bouda Koi Case, were also looked at for reference. Thapa was held to be eligible for relief under Section 79 of the IPC and was released.

The Orissa Vs Ram Bahadur Thapa case is cited as one of the few and far between instances in which the “innocent until proven guilty” principle was upheld until the final words of judgement. The only fear is that nefarious elements may use it for their own gains. But, then again, that is true for most observations in criminal law.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=sRz3tIP58pQ

Tags: Balasore districtBombay High CourtBouda Koi CaseJagat Bandhu ChatterjeeKrishna Chandra PatroOrissa High CourtRasgovindpur villageSection 79Sections 302 for murderWaryam Singh Case
ShareTweetSend
Previous Post

Tripura in numbers: Why the BJP is going to make a stunning comeback

Next Post

There could be a war between Afghanistan and Pakistan

Related Posts

three language formula
Government and Policy

Kerala High Court’s Interim Relief on Language Policy in Lakshadweep Schools

10 June 2025

In a significant judicial intervention, the Kerala High Court has issued an interim stay on the implementation of a...

Sharmistha Panoli Granted Interim Bail by Calcutta High Court
Law

Sharmistha Panoli Granted Interim Bail by Calcutta High Court After Arrest Over Controversial Video

5 June 2025

The Calcutta High Court has granted interim bail to 22-year-old law student and influencer Sharmistha Panoli, who was arrested...

Government Likely to Move Impeachment Motion Against Justice Varma in Monsoon Session
Law

Government Likely to Move Impeachment Motion Against Justice Varma in Monsoon Session

27 May 2025

In a significant development, the Narendra Modi government is learnt to be preparing to bring an impeachment motion against...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

when the God leaves the temple to be with his devotees.

when the God leaves the temple to be with his devotees.

00:05:49

R.P. Singh Exposes AAP: Following Indira's Model of Separatist Appeasement?

00:11:04

kamakhya Devi and the Power of Menstruation: Ambubachi Mela Explained.

00:04:47

From love to murder- how five plots took down raja raghuvanshi

00:04:38

Marriage gone murderous: expert explains the gruesome murder case.

00:13:01
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited