Death Of 11 Girls After Staircase Collapsed In Hostel: Gujarat High Court Discharges Engineers Of Culpable Homicide, Adds Negligence Charge

The Gujarat High Court discharged four engineers of culpable homicide booked for death of 11 girls who died after a staircase collapsed in the government girls hostel in 2007, noting that there was no intention or knowledge on their part to invoke Section 304IPC. The court however charged the accused persons for causing death by negligence under IPC Section 304A noting that the probe revealed that the accused did not take due care in maintaining standard of construction work at the relevant point of time. For context, Section 304A pertains to causing death by negligence, and states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide is punished under this provision.The court was hearing please moved by four persons seeking discharge in a case lodged under Sections 304(culpable homicide not amounting to murder), 337(Causing hurt by act endangering life or personal safety of others), 338(Causing grievous hurt by act endangering life or personal safety of others), read with 114(Abettor present when offence is committed) IPC, lodged following the death and injuries sustained by girls living at the Government Girls' Hostel when a portion of the staircase collapsed on 26. 01. 2007.Justice Hasmukh D Suthar in its order noted that in accident cases, the law does not permit a presumption of negligence and negligent act on the part of the accused. However, the court said, as per Section 304, in absence of knowledge or intention, culpable homicide does not amount to murder. It said:"In absence of any intention or knowledge on the part of the accused persons, provisions of Section 304 cannot be attracted. There is a difference between the rash and negligent act and culpable homicide. If we accept the case of the prosecution as it is, and evidence collected during investigation, it reveals that the applicant-accused remained negligent and did not take due care in maintaining the standard of construction work at the relevant point of time. It reveals from the investigation papers and the findings of the learned Sessions Judge that allegations against the applicants are of using inferior quality material and lack of supervision and load-bearing design was not prepared and such design was not approved by the concerned authority.Even if these allegations are accepted as it is, it may be termed as “negligence” on the part of the accused. It is also alleged that the Principal of the hostel had addressed one letter dated 30.12.2006 for repair and maintenance of staircase, and the the accused did not act upon that letter. Therefore, it may be considered as negligence on the part of the accused and due to improper load-bearing design, the incident has occurred. The person, who has prepared design, has not sought any opinion for the said design. The load-bearing structure was also not properly fixed and cement mortar was not properly applied. Cement mixing was not properly done and simple steel bars were used. If we consider all these facts, such defects can be termed as “negligence” on the part of the accused, but it does not constitute any intention or knowledge about the alleged incident, more particularly, when the superstructure is is still standing as it is and only staircase has collapsed".The court thus said that in absence of intention or knowledge Section 304 was not made out, however an offence under Section 304-A was made out. The court said that at the relevant point of time, the applicants were serving as Executive Engineers and Engineers and they have to perform their duty."...if material collected during the investigation is accepted as it is, for negligence or the rashness on the part of applicants accused, it may lead to the proceedings under Section 304-A, in absence of any knowledge or intention to cause death," the court added. The applicants were serving as engineers in the R&B Department at Surat during the construction period of the said staircase. It is alleged that due to inferior quality materials used in construction, the accident occurred and 11 girls have lost their lives, which led to filing of the complaint. The applicants submitted that at the relevant time, the accused were not rendering their services at the site in question and there was no negligence on the part of the applicant in construction of the building. It was submitted that there was no negligence nor there was use of inferior quality materials, in view of the fact that the building survived even during 2001 earthquake. It was further submitted that passage of time and weather changes affect the structures of the building and the quality might have deteriorated over a long period due to weather changes. Further, the applicants had no mens-rea and they had no knowledge or intention that such an unfortunate incident may happen.Meanwhile the State said that at the relevant point of time, all the applicants were serving as ...

Death Of 11 Girls After Staircase Collapsed In Hostel: Gujarat High Court Discharges Engineers Of Culpable Homicide, Adds Negligence Charge

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Death Of 11 Girls After Staircase Collapsed In Hostel: Gujarat High Court Discharges Engineers Of Culpable Homicide, Adds Negligence Charge

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