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BINITA DAHAL One Saturday morning, as usual, Samjhana Shrestha left the house to collect grass. Her neighbor was Khadga Bahadur Shrestha who was also her relative and like a grandfather. Samjhana and her family had to pass by Shrestha’s house to go to their farm, market and school. Shrestha used to drink all the time and used appalling words to passersby. Samjhana quietly used to pass by. On January 17, 2009, Samjhana was walking by Shrestha’s house. This time not only did he call her insulting names but held her hand and dragged her forcefully to his house. Samjhana, who was tortured by his name-calling everyday, could not take it anymore. To save herself from his atrocity, she got hold of a spade and started hitting Shrestha. Drunken and beaten, Shrestha fell to the ground. Samjhana then went home. In a matter of minutes, Shrestha’s house was visited by locals and the police. When the police started the investigation, Samjhana told them the truth about what happened and was sent back home, the police stating that she had not committed felony. That very night, news arrived that Khadga Bahadur had died. She left her house early the next day to go to Dhulikhel, tense with the demise of Shrestha. “We were going to Dhulikhel from Kalimati with our uncles when the police came and caught my sister,” recollected Samjhana’s sister, Sajana Shrestha, adding, “Since that day, she’s been in jail.” It has now been three and half years since Samjhana was jailed. Ten hours after the incident, Khadga Bahadur was dead and his brother Khet Bahaur filed a complaint against Samjhana at the police station and a murder case was filed. According to Khet Bahadur, Khadga Bahadur’s wife and other onlookers during the incident, the death was caused by the spade with which Samjhana had hit Shrestha. However, in court, they changed their statements and said that they had signed where the police asked them to. Dr Div Singh Jha, who supervised the postmortem, said that the body had a broken index and small finger, a hole in the cheek and broken right leg which had bones protruding out. Excess bleeding from the broken bone area was stated as the main cause of death. All the evidence and reports were submitted to the court after 10 months. Even though Samjhana was in jail for murder charge, on December 13, 2009, the then judge of Kavre, Rajesh Kafle, stated that she did not have a reason to kill Shrestha and that she did not use any lethal weapon to kill him. She was then sentenced to five years in jail instead of life sentence. Samjhana’s family did not have any idea about legal proceedings or else they could have filed a case against Khet Bahadur Shrestha right after the incident. Sajana did file a case against him after a week but it was rejected because it came late. “It’s clear from the statement of the people and the postmortem report that the cause of death was excessive bleeding which happened because he fell down the stairs. But because there are inadequate evidence to support Samjhana, she’s serving her time in jail,” said lawyer Mira Dhungana. “Before Samjhana was convicted, she was already in jail, which shouldn’t be the case. She was just supposed to be in judicial custody,” added Dhungana. Samjhana, who was jailed when she was 21 and studying in grade 12, is now 24 and in her BA third year. “At a time when I should be preparing for my career, I’m in jail,” said Samjhana, who is held in the women’s cell at Sundhara, Kathmandu. She added, “It was my bad luck. I’m here without having done anything. However, I haven’t stopped studying and teaching.” Samjhana used to teach in a local school, and since she started earning for the family, her father Tej Bahadur went to Saudi Arabia to work. Samjhana was the one who gave the idea to her father about going abroad to work to better the family’s finances. “But since there was no male member in the family, we were bullied by the villagers,” said a sad-toned Samjhana. “I used to sometimes shout back at my grandfather (the deceased Shrestha) that he couldn’t insult me for no reason. Perhaps that’s why the incident took place which turned my life upside down.” Her father came back from Saudi Arabia after the daughter, who earned for the house, was jailed. Samjhana had appealed to the court pleading for a clearer verdict. The court had stated that she did not have reason to kill Shrestha and that she did not use any lethal weapon against him. Keeping that in mind and the tender age of Samjhana, she was sentenced in 2011 to four years in jail by the District Court. Not satisfied with the sentencing, Samjhana then filed her case with the Supreme Court’s (SC). Samjhana will be out of jail on January 18, 2013 but her hearing in the Supreme Court is scheduled for mid September. According to the SC, despite no date being available for the hearing, but since her jail term is ending soon, it was scheduled earlier. “Even though he was our relative and like a grandfather to us, he used vulgar words,” said Samjhana in her cell. “That day when he held my hand and tried to drag me inside the house, I had to do something. Then I hit him with the handle of the spade.” Even though her sentence is coming to an end, she is expecting a clearer verdict from the Supreme Court. “I’ve served my term in jail. But if this happens to other girls and women, I don’t want them to suffer like I did,” she said. Samjhana is also worried about the treatment she is going to get from the society once she is out of jail. “I’ll go back to my village as a person who has served time in jail. Even though I didn’t commit the crime, I’ve admitted to it. And the society is going to blame my parents, too. How are they going to handle it and live with it?” she wonders.
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BINITA DAHAL Samjhana’s Tale One Saturday morning, as usual, Samjhana Shrestha left the house to collect grass. Her neighbor was Khadga Bahadur Shrestha who was also her relative and like a grandfather. Samjhana and her family had to pass by Shrestha’s house to go to their farm, market and school. Shrestha used to drink all the time and used appalling words to passersby. Samjhana quietly used to pass by. On January 17, 2009, Samjhana was walking by Shrestha’s house. This time not only did he call her insulting names but held her hand and dragged her forcefully to his house. Samjhana, who was tortured by his name-calling everyday, could not take it anymore. To save herself from his atrocity, she got hold of a spade and started hitting Shrestha. Drunken and beaten, Shrestha fell to the ground. Samjhana then went home. In a matter of minutes, Shrestha’s house was visited by locals and the police. When the police started the investigation, Samjhana told them the truth about what happened and was sent back home, the police stating that she had not committed felony. पढ्नेक्रम जारी राख्नुहोस् → Like this: Like Loading... friends forever केही अघि एउटा बिहे पार्टीमा विजय दाईले भनेका थिए ‘संसारमा मान्छेले आफ्नो भन्दा अरुको ’bout बढी पीर गरेर बिगि्रएको हो ।’ मलाई लाग्थ्यो/अझै पनि लाग्छ- ‘एउटा स्वार्थी सोचाई राख्नु हुँदैन जहाँ आफ्ना आकांक्षामात्रैले ठाउँ पाऊन् ।’ त्यसतो भए परिवार, साथीभाई, समाजसँग एक्लिन्छ । तर यो समाज/साथी भाई के साँच्चै निस्वार्थीलाई माया गर्छ त ? विजय दाईले अरु र आफ्नै पेशाप्रतिको मेरो नैराश्यता देखेर अर्का हितैषि दाईलाई बोलाएर माथिको वाक्य भनेका थिए । राम्रा मान्छेलाई पछारिएको बेला थियो त्यो । मैले ती दाई अभिमानी मात्रै हैनन्/स्वार्थी पनि रैुछन् सोचेको थिए । तर कपाल तिलचाम्ले भैसकेका दाईले मैले भन्दा धेरै भोटो फटाएका छन् । समाज बढी बुझेका छन् । कुरा सत्य नै हो । तिमी नसुधि्रए/नसपि्रए सम्म तिमीलाई एक कौडीको पनि भाउ दिने वाला छैन यो समाज, आफ्नै साथी भाई । आज मित्रता दिबस । कति परिवर्तित छ समाज । हुनैपर्छ । पेशामा सकि्रय हुँदा र नहुँदा कति फरक छ यो मित्रता दिबसको महत्व । कम्तीमा मोबाइलको इनबक्स, जीच्याट, फेसबुक र ट्वीटरमा । मैले धेरै पछि हटमेलमा एउटा मेसेस पाएँ । आधा दशक अघि बि्रटिश काउ_िन्सलमा सँगै पढेको साथी । उसले अगस्ट फस्टमै म्यासेज पठाएछ । आफ्नो हालखबर दैनिक जीबन’bout । कुनै बेला उसले शोल्टी होटलमा भेट्नै बोलाउँदा पनि म जान डराएको थिएँ । मोबाइल चेन्ज गरेपछि नम्बरसम्म नयाँ छ भनिन । त्यो अस्तीको प्रुेन्डसीप डे म्यासेजको रिप्लाई गर्दा पनि पठाउन सकिन । नचाहेर होइन । कुनै बेला आफू जोगिने निहुँमा मैले उसलाई दिएको थिइन भने अहिले के भनेर दिने । असमनजस्वका कारण दिन सकिन । उसँग भाग्ने मेरो चाला देखेर उ आफैँ चकित भई मबाट टाढा भइदिएको थियो । कस्तो टीठ लाग्दो थिएँ म । महिनौं बेपत्ता भइदिने । पढ्नेक्रम जारी राख्नुहोस् → Like this: Like Loading... विनिता दाहाल जेलमा न्याय पर्खदैँ सम्झना…. शनिबारको बिहान छुट्टी भएकाले सम्झना श्रेष्ठ बारीमा खर काट्न जाँदै थिइन्। उनको घरपश्चिम बाटोमा नै खड्गबहादुर श्रेष्ठको घर पर्छ। तेह्रदिने दाजुभाइ, ३१ वर्ष जेठा, नातामा हजुरबुवा। खड्गबहादुरकै आँगन भएर सम्झनाको परिवार घर-खेत, बजार, स्कुल आउजाउ गर्छ। खड्गबहादुर धेरैजसो रक्सीले मातेरै बसेका हुन्थे र उनी जसलाई बोलाउँदा पनि अश्लील शब्द प्रयोग गर्थे। सम्झना मौन प्रतिवादमात्र गर्थिन्। काभ्रे, भुम्लुटार। २०६५, माघ ४। त्यसदिन सम्झना आँगन हुँदै हिँड्दा खड्गबहादुरले अश्लील शब्द मात्र बोलेनन्, हात समाएर एकतले घरको मझेरीमा ताने। सम्झनालाई कुनै गल्तीबिना बाटो आउजाउ गर्दा खड्गबहादुरको अश्लील शब्द सुन्दा मानसिक पीडा हुन्थ्यो, त्यो दिन जबरजस्ती गरी शारिरीक पीडा दिन खोजेका थिए। सम्झनाले सहन सकिनन्। खड्गबहादुरको पन्जाबाट आफूलाई छुटाई सतीत्व रक्षा गर्न नजिकैको कोदालाको बिँड समातिन् र भकाभक खड्गबहादुरलाई हानिन्। सम्झनाका अनुसार खड्गबहादुर रक्सीले मातेका थिए। उनको चुटाइले मझेरीमै भक्लक्क लडे। लडेको थाहा पाएपछि सम्झना बेहोसीमै घर फर्किन्। एकछिनमै खड्गबहादुरको आँगनभरि पुलिससहित गाउँलेको हुल जम्मा भयो। पुलिसले घटना छानबिन गर्यो। सम्झनाले माथिकै बयान दिइन्। त्यो दिन पुलिसले उनलाई ‘बहिनी तपाईंको गल्ती रहेनछ, घर जानुस्’ भन्दै पठाएका थिए। घर आइन्। राति सुत्ने बेला खबर आयो, ‘खड्गबहादुर हजुरबा बिते।’ गाउँका धेरैले खड्गबहादुरलाई हजुरबा भनेरै बोलाउँथे। उनी भोलिपल्ट बिहानै धुलिखेल जानुपर्ने भएकाले घरबाट निस्किन्। अघिल्लो दिनको घटनाले मन आत्तिएको थियो। काठमाडौं कालीमाटी बस्ने मामाले बोलाए। पढ्नेक्रम जारी राख्नुहोस् → Like this: Like Loading...