Sec. 304 a ipc
Adv.Vishal Anil Vyavahare
(Querist) 30 September 2013
This query is : Resolved
Respected Sir,
My client is Junior Engineer in Maharashtra State Electricity Distribution Company Ltd.(MSEDCL)In Rainy Season due to heavy raining wires conducting the current from One poll in the agricultural field of the deceased got loose and Shackle Insulator (which prevent the current conduct in the iron poll) got damaged and fall down. Due to that iron clamp came in touch with conductor and afterwards current reach in the poll.
Deceased touched the poll and due to electric shock he was dead.
But before Rain everything was working very smoothly. And even Deceased or any member of his family not filed any complaint in written , oral or telephonic with MSEDCL regarding loosing of wires and damage of Shackle Insulator or any problem.
Though My client and two wiremen were on duty while happening the above incident but it was also the duty of User to filed the complaint with MSEDCL regarding any problem about electricity. If deceased could have been filed the complaint, On receiving complaint my client could have been able to solve the problem but without any complaint how my client know about the concern problem.
Family of the deceased filed the complaint against my client Junior Engineer and two wiremen u/s. 304 A IPC after 13 days from the incident.
My querry is that-
Whether my client responsible for the incident as damage done due to natural Calamity i.e. Rain ?
Deceased or any family member failed to lodge the complaint with MSEDCL in respect of Damage of Shackle insulator and loosing of electric wires. As without receiving any complaint MSEDCL not able to know about any problem.
Whether my client is liable for the ofence u/s. 304 A IPC ?
Whether there was considerable Delay in Filing FIR ?
Please suggest with proper provisions and case laws.
Thanks and regards,
Vishal A. Vyavahare
Advocate
09371821992.
Advocate Ramesh
(Expert) 30 September 2013
Sir,
Kindly tell me the status of the case, If the case is in FIR stage, you can file to quash the FIR, u/s 482 of crpc in HIGH COURT stating the same reason and explaining the grounds. surely you will get succeed. If the charge sheet is filed, then on trial you can easily succeed. As per statement that you provided, your client is not liable for the offence u/s 304A of IPC.
lingraj maradi
(Expert) 01 October 2013
sir
tell me what the safeguards you taking to avoid this type of natural accidents because if you already done this you are not responsible for the offence u/s 304A IPC.
Adv.Vishal Anil Vyavahare
(Querist) 01 October 2013
Sir First of all thanks for your kind reply.
Charge sheet has been filed by the police and case is keep for hearing.
All the safeguards carefully done by my client because not a single complaint received till occurring the said incident. If any problem realized to any user he should have to lodge the complaint.
