The Supreme Court has agreed to hear a petition filed by a District & Sessions Court Judge from Bihar and his wife, who are accused in the death of a home guard deployed at their official residence. The case involves allegations that the judge and his wife assaulted the home guard after he refused to perform household chores.
A special leave petition was filed challenging the Patna High Court's May 1, 2024 order, which declined to quash the FIR registered against the two petitioners.
The FIR, lodged in 2022, pertains to the death of home guard Virendra Singh, who was assigned to Judge Raj Kumar, stationed in Khagaria.
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According to the petition, on the day of the incident, the judge had gone for his usual early morning walk. Upon returning, he noticed that the main gate of his official residence was open. When questioned, the home guard allegedly became agitated, stating that closing the gate was not part of his duty. An altercation followed, during which the home guard reportedly pointed his service rifle at the judge and threatened to open fire.
"The petitioner immediately snatched the rifle from the home guard’s possession and reported the incident to the Superintendent of Police, Khagaria," the plea states.
Based on the judge’s complaint, the police intervened, confiscated the service rifle along with live cartridges, and registered an FIR against the home guard. However, when taken to the police station for questioning, the home guard reportedly did not respond and later vomited a red substance. He was subsequently taken to a hospital, where he succumbed to his condition 14 days later.
Following his death, the home guard's son lodged a complaint alleging that his father was forced to perform domestic chores such as sweeping and cleaning at the judge’s residence. When he refused, he was allegedly assaulted by the judge and his wife. The son further claimed that he was informed about the assault by another home guard.
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On August 12, 2024, the Supreme Court issued a stay on further proceedings in the case while seeking responses from the involved parties.
Senior Advocate R Basant, representing the judge, argued that the allegations against the judicial officer and his wife are not supported by medical reports.
“The medical examination revealed only a minor abrasion on the base of the nose and another on the left middle finger. The home guard eventually passed away 14 days later in a hospital. The post-mortem report cited cerebral anoxia due to intracranial hemorrhage as the cause of death,” the advocate submitted.
Furthermore, the defense highlighted that after sustaining injuries, the deceased home guard was in police custody in connection with the FIR, making it unlikely that the injuries leading to his death were inflicted by the petitioners.
However, Justice Sundresh, while considering the petition, remarked:
"We cannot quash this in entirety. We will hear you."
The Court will hear the matter after 4 weeks.
Case Details: RAJ KUMAR & Another Vs STATE OF BIHAR|SLP(Crl) No. 10358/2024
