Rupam, the main accused in the BJP MLA Raj Kishore Kesri murder case, is in the jail ever since she stabbed him to death in Purnea on January 4 last at his home. Rupam, a lady principal in her 40s, took this extreme step alleging that she was repeatedly raped by the MLA and his aide, Bipin Rai.

In its chargesheet, the CBI submitted that the investigation could not establish that Rupam intended to commit the murder and her act amounted to culpable homicide not amounting to murder.

It needs to be recalled that the Khazanchihat police station in Purnia had registered the case of murder on January 4 under Sections 302 and 120B of IPC on the basis of FIR lodged by Sudip Kumar, the nephew of the Kesri, stating that the latter was stabbed to death by Rupam at his residence allegedly in conspiracy with Nawalesh Pathak, journalist.

The CBI decision to slap 304 and not 302 is being considered in the legal circle as a sort of moral victory of Rupam as the BJP and a large part of the state government machinery were after her ever since she committed the crime. In fact Rupam was beaten brutally soon after she stabbed Kesri. She had to be taken to hospital in a critical condition as she suffered serious injuries.

After the incident the women’s group swung into action in her favour and strongly denounced the deputy chief minister Sushil Kumar Modi, who immediately after the icident dubbed Rupam as a blackmailer. It was after much hue and cry that the state government had to refer the matter to the CBI.
While a charge under Section 302 leads to death sentence or life imprisonment the accused gets much lighter punishment under Section 304.

Special judicial magistrate, CBI, Krishna Kumar, on Monday remanded her in judicial custody till April 14 and directed the CBI to produce the case diary before the court. It also remanded in judicial custody another accused, Nawalesh Pathak, journalist, till April 14. The CBI had produced them before the CBI special court following submission of chargesheet against Rupam.

In its chargesheet, the CBI said that Rupam had reached the MLA’s house at 9:15 AM on January 4 when he was sitting outside his house. Rupam wanted to have some private talk with Kesri. The later asked her to speak. But Rupam insisted that she wanted to talk to him separately.

According to chargesheet Kesri gave her a plastic chair and when he was sitting in his chair Rupam stabbed him on the left side of his back with a knife. He fell down. Rupam attempted to stab him again, but Kesri tried to save him with his hand in which he sustained injury. Kesri's bodyguard overpowered Rupam, but he also sustained injury, the chargesheet added. Kesri succumbed to his injuries in a Purnia hospital.

CBI chargesheet quoting the autopsy report said the cause of death of Kesri was excessive bleeding. The investigative had prepared the chargesheet against Rupam on the basis of evidence of 16 prosecution witnesses and 22 documents.

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