LAWS(JHAR)-2014-4-34

BIRENDRA KUMAR Vs. STATE OF JHARKHAND

Decided On April 01, 2014
BIRENDRA KUMAR Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel appearing for the P.P. No. 2 as well as learned counsel appearing for the State. The First Information Report of S.T. S.C. P.S. Case No. 41 of 2007 registered under Sections 147, 148, 149, 323, 504, 447 of the Indian Penal Code and also under Section 3(1)(x) of the S.T. and S.C. (Prevention of Atrocities) Act, 1989 is being sought to be quashed on the ground that the parties have compounded the offences which are compoundable and that offence under Section 3(1)(x) of the ST. and S.C. (Prevention of Atrocities) Act is not made out.

(2.) The case of the prosecution is that while the informant was ploughing her field alongwith other family members including the husband, 10-12 persons armed with rifle, guns etc., came over there and asked them to leave that place. When they objected, the accused persons assaulted the informant as well as her husband and they also behaved indecently.

(3.) On such allegation, F.I.R. as S.T. S.C. P.S. Case No. 41 of 2007 was registered under Sections 147, 148, 149, 323, 504, 447 of the Indian Penal Code and also under Section 3(1)(x) of the S.T. and S.C. (Prevention of Atrocities) Act, 1989.