KAILASH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition under Sec. 482 Cr.PC has been preferred for quashing the First Information Report of Basopatti P.S. Case No. 03 of 2022 registered on 3/1/2022 against eleven accused persons including the petitioners herein for offence punishable under Ss. 323, 341, 379, 324, 325,307, 504 and 506 read with Sec. 34 of the Indian Penal Code and Ss. 3(i)(r)(s)/3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The prosecution case as emerging from the written report of the informant is that on 29/12/2021 at 7:00 AM, he was taken by accused Binod Pandey for some labour work. As per his direction, the informant cut grass from his field. Thereafter the informant was asked to come at 1:00 P.M. for his labour charge and when the informant went to the accused Binod Pandey for labour charge, he was asked to clean his toilet and only then he would get his labour charge. But the informant refused to clean toilet. Then the accused Binod Pandey stated to him that he would not pay his labour charge because he has not cleaned the toilet despite being a harijan. Hot talk ensued between the two. In the meantime, Rajan Pandey, son of Binod Pandey came to him and started abusing him, using the word Madhar Chod Harijan and asking how he was daring to disobey the order of his father. He also threw the plate with leftover food, which he was carrying in his hand, on his face and he pushed him down. Both Binod Pandey and Rajan Pandey continued abusing him, using the word harijan. On hearing hulla, Bhogendra Mandal, Rajendra Mandal and others came there. After seeing these people, both the accused went back into their house. The informant returned to his home without getting labour charge.

(3.) It is further alleged that at 7 PM, accused Birendra Jha arrived at the house of Binod Pandey with arms in his hand and made unlawful assembly and proceeded towards the house of the informant with intent to commit loot. Accused Rishi Thakur was carrying iron rod, Abhay Thakur @ Chhotu and Rajendra Thakur were carrying lathi in their hands, Rakesh Thakur was carrying iron rod, Keshav Thakur was also carrying rod, Kailash Thakur was carrying lathi, Raju Thakur was carrying pistol and Mukesh Thakur was carrying lathi. They reached the house of the informant. Birendra Jha and Binod Pandey started loot-pat in his house. Birendra Jha also stated to him that despite being harijan, he was daring to disobey the order of Binod Pandey. He also stated that he would be forced to flee away from here that day. The informant protested against the entry of the accused persons into his house, whereupon accused Binod Pandey and Rakesh Kumr spit on his face and abused him and threatned that he had become arrogant and he would not be allowed to live. By that time, accused Sukmari Devi, Raj Kumari Devi, Bimla Devi, Malti Devi, Mandi Mandal, Yogendra Mandal also rushed to the place of occurrence and prohibited the accused persons from entering into the house of the informant. But, accused Binod Pandey, Rajendra Thakur and Birendra Jha exhorted their men to assault these persons also, who had come to protect harizan, whereupon, accused Rajan Pandey assaulted Bimla Devi on her head. However, Bimla Devi escaped from the attack on head but sustained injury on her shoulder and her shoulder got broken. Sukmari Devi was assaulted by Rakesh Thakur by iron rod resulting into breaking of her hand. Rishi Thakur assaulted Sukmari Devi on her waist. Malti Devi was assaulted by Rajendra Thakur on her head. Binod Pandey assaulted the informant causing injury to him and Raj Kumari Devi was assaulted by Kailash Thakur and she was asked about the whereabouts of her husband Nage Mandal to kill him. But fortunately Nage Mandal was not at his home. Birendra Jha and Mangal were also displaying their pistols to cause fear in their mind. Due to hulla, many people also came there but seeing these persons, the accused persons fled away. While going, Binod Pandey also took away the box containing money and ornaments worth Rs.25,000.00. Thereafter, the injured persons were taken to Basopatti Primary Health Centre for their treatment. Some of them were grievously injured, hence they were referred to Madhubani, where they are getting treated. On account of such treatment, the informant had given the written statement with some delay.