Ipc 304a
raju
(Querist) 02 April 2014
This query is : Resolved
Hi Experts,
I am Raju. I am a software professional.
I was recently booked for ipc 304 A , need expert advice.
I am building my house , and i had given the building contract to a person.but there is no written agreement ,it was a oral contract.
And this contractor had subcontracted the bar bending work to another person. One unfortunate day when the bar bending work was happening the workers tried to lift the iron rods about 30ft long from the
front side of the building,also in the front side of my building high tension wire is passing ,
the iron rods came in contact with the live wire and one person lost his life :( . The police have booked a negligence case against me and the contractor.
I told the police that there was no negligance on my part , because on the unfortunate day i was not even present at the construction site ,
also I had never instructed them to lift the iron rods from the front side of my building. They had carried out the work without my knowledge or my contractor knowledge.
Just to complete the work faster and due to there negligance they lifted the rods in front of the electric wire.
. We have a empty plot next to my house which is empty I have taken the permision from the owner and i have asked my contractor to carry on all the work from the empty site.
But they have not followed that. Also the bar bending contractor who was supposed to supervise the activity was not even present there to ensure their workers are doing the work properly.
He just left the workers on their own.
Now the police have booked a case only against me and the contractor , but they have not included the bar bending contractor name .instead he has put a case on me and contractor.
Also the father of the deceased is putting the fault entirely on me because the father of the deceased and bar bending contractor are brothers.
Also they are demanding huge compensation which i am not in a position to pay. Also i have told him i will try to give as much as possible from my hand
How should i proceed with this scenerio . will i be criminally liable in this scenerio.How to get out of this case. Also will i be liable for paying compensation.
Need expert advice.
Devajyoti Barman
(Expert) 02 April 2014
Since case is started you have to take bail now.
Then you can try in quashing.
Sudhir Kumar, Advocate
(Expert) 03 April 2014
AS far as negligence is concerned, the physical presence of owner at the site is not required. He can be negligent far away.
you may better search net for union carbide case.
Dr J C Vashista
(Expert) 03 April 2014
Similaly Uphar cinema case may be referred
Rajendra K Goyal
(Expert) 03 April 2014
Take the bail first. Defend the case against you on merit.
T. Kalaiselvan, Advocate
(Expert) 03 April 2014
There is no liability o your part, but since they have fled a case against you, first get enlarged on bail, attend the proceedings while trying for quashing the case based on the facts, as far as compensation, do not pay any heed to their illegal demands, let them file a separate case claiming compensation, you can challenge that also since you cannot be held liable for the negligence of the contractor and his sub contractor.
raju
(Querist) 03 April 2014
Thanks for the advice .
I forgot to mention another point . My Neighbors and the shop keepers near by my house and fellow workers working the building who were witness to the incident told that the bar bender while lifting the bar was talking in mobile phone and they told that due to this he lost balance of the rods which then came in contact with the live wire.
Will this be of good defense for me ?
Also how and where should i apply for quashing of the case.
Regards,
Raju
raju
(Querist) 04 April 2014
Thanks for the advice .
I forgot to mention another point . My Neighbors and the shop keepers near by my house and fellow workers working the building who were witness to the incident told that the bar bender while lifting the bar was talking in mobile phone and they told that due to this he lost balance of the rods which then came in contact with the live wire.
Will this be of good defense for me ?
Also how and where should i apply for quashing of the case.
Regards,
Raju
Devajyoti Barman
(Expert) 04 April 2014
Yes, it will be very helpful for you during trial.
