The Bhutanese Leading the way.
On 26th March 2025, the Samdrupcholing Dungkhag Court, Samdrupjongkhar sentenced five inmates for their involvement in the fatal assault resulting in the death of fellow inmate Raj Kumar Acharya (21) during a drunken fight inside Pemathang open-air prison (OAP).
The court found two of the accused guilty of voluntary manslaughter, while the other three were convicted of battery and weapon display.
On the night of 22nd September 2024, at around 11:30pm, a fight broke out among inmates Sonam Tobgay, Jivan Das, Sunil Kumar Mongar, Jivan Rai, Arun Gurung and the deceased after they had consumed alcohol. The fight quickly escalated into violence, leading to the tragic death of Raj Kumar Acharya.
Initially, Sonam Tobgay, Jivan Das, and Sunil Kumar Mongar (Group A) were in one room preparing dinner, while Arun Gurung, Jivan Rai, and the deceased (Group B) were in another.
After finishing preparing dinner, Jivan Das and Sunil Mongar encountered Arun Gurung and Jivan Rai while going to call one of their (inmate) friends, resulting in an argument.
Guards who saw the fight quickly separated them and they went to their rooms.
Later, another inmate (not involved in the altercation) attempted to reconcile the groups by bringing the group B to the room of group A, the situation instead escalated into a knife fight outside the camp.
Upon the arrival of officers in the scene of crime, it was too late as the deceased had suffered severe injuries and succumbed to his injuries on the way to hospital. One of the suspect got injured too and was taken to hospital. Sonam Tobgay fled the scene after the crime and was later arrested from his room.
During the altercation, Jivan Das attacked, stabbing the victim with a knife, causing injuries to his hands and head. The deceased sustained a 7cm head wound.
Sonam Tobgay further stabbed the victim in the abdomen, forming a 4cm length by 2cm width wound making him unconscious.
The defendants voluntarily confessed to their crime to the court that under the influence of alcohol, they engaged in a fight and stabbed the deceased with a knife, resulting in his death.
Both Sonam Tobgay and Jivan Das was sentenced to thirteen years imprisonment.
Sonam Tobgay was already serving a five-year sentence for a voluntary manslaughter offense from 14th May 2022 to 14th May 2027, the thirteen-year sentence is to commence after the completion of his existing prison term.
Jivan Das was already serving a three-year sentence for a battery offense from 25th September, 2023 to 23th September 2026, the thirteen-year sentence shall commence after the completion of his existing prison term.
Also, both Sunil Kumar Mongar and Jivan Rai voluntarily confessed to their crime and was sentenced to two years and eleven months imprisonment for battery.
Sunil Kumar hit the deceased with a steel plate and also punched him. Jivan Rai threw a stone at defendant Jivan Das injuring him.
Sunil Kumar was already serving a five-year sentence for drug trafficking and psychotropic substances offense from 4th October 2021 to 4th October 2026, he may pay a fine in lieu of imprisonment upon the completion of his existing prison sentence.
Jivan Rai was already serving a five-year sentence for drug trafficking and psychotropic substances offenses from 4th November 2021 to 4th November 2026, he may pay a fine in lieu of imprisonment upon the completion of his existing prison sentence.
Arun Gurung was initially charged with voluntary manslaughter. However, it was found that he has only displayed a weapon and engaged in a fight without actually striking the deceased. Therefore, the charge was changed to the offence of display a weapon.
He was already serving a thirteen-year sentence for battery and voluntary manslaughter offenses from 25th May 2018 to 18th March 2031. He may pay a fine in lieu of imprisonment upon the completion of his existing prison sentence.
