Leaving dangerously exposed vertical iron bars embedded in RCC columns at construction sites is an overt act and prima facie makes out a case of culpable homicide not amounting to murder, the Bombay High Court noted and refused to quash a case against two sub-contractors of a Goregaon site where a worker died after falling on exposed iron bars in an RCC column.
The sub-contractors Pinkesh Patel and Hiren Rangani prima facie had knowledge that men in cabins of cranes suspended in mid air over these bars were carrying out construction work and, therefore, leaving dangerously exposed vertical iron bars was an invitation for disaster, observed a division bench of Justices Sunil Shukre and Milind Sathaye.
“It is this material which prima facie makes out a case for proceeding further against the petitioners in the present criminal trial,” the court said.
Accidental death not amounting to murder
Amitkumar Gound, a construction worker at a site in Goregaon, had fallen from a crane on iron bars in an RCC column and died. His wife, Savitri, alleged that the builder and the contractor did not provide a safety belt, helmet, or safety jacket, to him and were responsible for his death. An FIR was registered against them for culpable homicide not amounting to murder.
Prashant Aher, the advocate for Patel and Rangani, argued that culpable homicide not amounting to murder is not made out in this case and also contended that there is no allegation in the FIR regarding the intention to cause death. Aher cited the order of the labour commissioner which held that it was an accident, while granting compensation to Savitri.
However, additional public prosecutor Jayesh Yagnik submitted that leaving exposed vertical iron bars in the column led to Gound’s death. Further, whether or not there was any intention is a matter of trial, he argued.
Compensation granted for the victim's family
The bench remarked that just because there is a possibility that the accused may be acquitted does not mean that there isn't sufficient ground for prosecuting. Even if the accused has knowledge that his act may result in death, the offence of culpable homicide would be complete, the court emphasised.
The court also said that the labour commissioner did not record any finding on the criminal aspect of the incident while granting compensation. “There is a difference between consideration of the material necessary for grant of compensation and consideration of the evidence necessary for recording a finding of guilt or otherwise for an offence arising from the same set of facts,” the bench said.
