Animal died
Neeraj Kaushal
(Querist) 24 June 2013
This query is : Resolved
Buffalo of my client while drinking water in newly constructed canal which is without safety wall was stuck in the gate of canal and consequently died . This is negligence of dam authority . My client wants to file complaint under IPC against J.E., SDO and Executive engineer, please suggest sections of IPC and other law.
Raj Kumar Makkad
(Expert) 24 June 2013
Section 304A IPC
304A. 2[ Causing death by negligence.-- Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
Rajendra K Goyal
(Expert) 24 June 2013
The Buffalo was died not the owner. I doubt section 304 o IPC would be applicable. It is to be seen whether the buffalo was allowed to drink water from canal directly at that place, as it was being done. It was the act of owner if he was allowing such act which was not allowed. Why Govt. officials be held responsible for no fault of theirs in such circumstances. If the buffalo was stuck in the gates of canal and some damage occurred, the owner may be held responsible also.
Shashikant V. Patil
(Expert) 25 June 2013
I agree with Mr. Rajendra Goyal. It's not a canal authority responsible but it's a negligence on the part of owner who left his buffalo unattended and the mishap took place.
