Person died due to electric shock. 304a

as ur friend is the owner of the factory he has an overall responsibility to provide safety measurrs to its workers. if he has provided adequate safety measurrs he is not responsible. but if not he may be held responsible.

The accident occured due to the worker's own negligence.  It can deemed as contributory negligence.  Without permission the worker has handled the machine, hence it is the worker's fault and your client cannot be held responsible.

YES KRISHNA IS RIGHT. I IGNORE THE FACT THAT REPAIRING WAS DONE WITHOUT PERMISSION. I GIVE A WRONG ANSWERPL . IGNORE THE SAME.

If the owner (your friend) takes all saftey measures for workers then it is not his fault. Workers have to work stipulated work assigned to them. If any unauthorised worker operates machine, any accident occures immediate supervisor held responsible for the accident because of negligence of duty. As your friend is the owner, he has to pay compensation to the worker.

DEAR ,

THE CASE FILE UNDER 304 A IPC...CAUSING DEATH BY RASH OR NEGLIGENT ACT, GET BAIL FROM COURT, AND PLACEEVIDENCES OF NON NEGLIENCY FROM UR PART AND GET RIDOFF, BY PAYING ALL COMPANSATIONS AS PER WORKERS ACTS AND TAKE INTO CONSIDERATION OF WORKER UNIONS DEMANDS ALONG WITH FAMILY OF DESEASED.ALWAYS IN THESE CASES LOT OF UNREST IN WORKERS AND SYMPATHY WAVE DOMINATES,IF UR FRIEND IS GOOD AT WORKERS WELFARE AND GOOD REPUTATION IN SOCIETY PERTICULARLY IN MEDIA (print &electron) HE CAN COME OUT FROM THE CASE .....

Hi,

First of all thing that the police must have recorded atleast one statement u/s 161 or of the any of the worker  to show the negligence on your part.

As the investigation is going you need to take bail not from the court at this stage as the offence is bailable .

Investigating officer will call you and grant the bail .

Only after filing of the chargesheet you will get the court bail and you will be heard only at the stage of Final arguments as there won't be any stage in the summon trial case.

 

I goes further in any case you want to finish it ioff early there is one recently devloped tool that is Plea bargaining.

I don't know this case is belong from which state but still t are chances if u have given sufficient amount to the deceased's family.

 

I do agree with the views of my Ld. friends.

your friend is not liable  because accident happened by workers own negligence. your friend have good defence.

Thanks everyone for posting your reply.

I have few specific questions in the same regards:

1. The case is filled by State Vs individual. I want to know if a case is filled by state, can this also be settled outside the court? The worker's family members are not claiming anything as they are already paid by my colleague . Could anyone please suggest that on what circumstances a state vs individual case could come to closure.

2. If somehow we present the victim's family member then can this case be brought to closure by there statement. 3. Also what is the right time to ask for Plea bargaining I very much appreciate your reply. You guys are doing a great job. Thank you.

PLEA BARGAING CAN BE ASKED AT ANY STAGE ACCORDING TO THE MERITS OF THE CASE, BETTER IN EXAMINATION STAGE.