New Delhi, March 6 A Delhi court has acquitted a man accused of negligence in a 27-year-old incident where a roof collapsed, resulting in the death of a labourer and injuries to several others.
The case dates back to September 16, 1999, when police received information about the collapse of a ceiling at a house in Arjun Gali in Maujpur area of northeast Delhi, where construction work was underway and several labourers were working on the site.
Judicial Magistrate First Class Pankaj Rai was hearing a case against Shiv Dutt, who was accused under sections 288 (negligent conduct with respect to pulling down or repairing buildings), 304A (causing death by negligence), 337 (causing hurt by act endangering life or personal safety of others), and 338 (causing grievous hurt by act endangering life or personal safety of others) of the Indian Penal Code.
The court noted that the prosecution failed to prove negligence on his part beyond a reasonable doubt.
In an order dated February 20, the court said, "It cannot be said beyond reasonable doubt that the incident occurred due to the negligence of the accused. No evidence presented shows that the death of the deceased or the injuries sustained by the injured were due to the negligence of the accused."
According to the prosecution, around 15-20 labourers were present when the roof being constructed on the first floor suddenly collapsed, trapping the workers underneath.
The police said the injured labourers were rushed to the hospital, where one of them, Wahid, succumbed to injuries while seven others sustained injuries in the incident.
During the investigation, it emerged that the owner of the building, Shiv Dutt, had hired a contractor, Shahzad, to do the construction work, who died during the pendency of the trial.
In its judgment, the court noted that the prosecution could not establish that the incident occurred due to any rash or negligent act attributable to the accused.
It observed that key evidence was lacking and one of the witnesses had turned hostile during the trial.
"The accused, Shiv Dutt, cannot be held responsible for any rash or negligent act of the contractor, if any. Like other offences charged in this case, there is also no evidence to show that the accused, Shiv Dutt (since deceased), and the co-accused, Shahzad, had a common intention to commit the above offence," the court said.
The court held that there was no evidence to show that the death of the labourer or the injuries sustained by others were a result of negligence on the part of the accused, and thus acquitted him.
"In view of the above discussion, the accused, Shiv Dutt, is hereby acquitted of the charges under sections 304A, 288, 337, 338, and 34 of the Indian Penal Code," the court said.
While acquitting Shiv Dutt, the court said that the state's responsibility towards the victims could not be ignored and directed that the matter be referred to the District Legal Services Authority (Northeast) to consider compensation for the victims and their families under the Delhi Victim Compensation Scheme.