Moot problem
Querist :
Anonymous
(Querist) 08 November 2019
This query is : Resolved
This is a moot problem. Please help me finding a solution. Thank you!
Vipin Sahu went for an 11-day trip to Manali in September this year along with his friend Rakesh Singh and Pankaj Tripathi. He has a crippling fear of height, feels extremely nauseous, and suffers from breathlessness on heights. He took on a paragliding stunt after his friends challenged him. On 5th September 2019, they went to Dobhi, Himachal Pradesh and booked a para-gliding activity at High Fly of Kullu Manali for 6th September 2019 for around 10 am. Due to traffic jam, they reached the top at 12 pm. The pilots warned Rakesh to not go for the para gliding as there were chances of rain, but Rakesh forced the Pilot to take them for the activity. All the three signed the consent forms before starting the activity.
Gagandeep was allotted as a pilot for Vipin. Gagandeep gave all the instructions to Vipin before starting the activity. Just after jumping, Vipin Felt that his harness was not strapped on properly and gave him a feeling that he was slipping. In panic, he started yelling at the pilot and requested him to land him as soon as possible. The instructor (pilot) kept asking him not to panic and to straighten his legs because he was not able to balance the paraglider. However, Sahu kept on crying, screaming, and requesting to land him. The pilot lost control of the paraglider; the wing of the glider brushed a tree and plummeted 40 feet onto a concrete ground. Gagandeep died in the accident while the tourist with him was injured. Police investigation was carried out and a case has been registered against Vipin and Sahu under Sections 304A (causing death by negligence) and 337 (endangering life by rash or negligently act) of the Indian Penal Code.
Vipin and Rakesh has filed an application (taking defence under the general exception) to quash all the charges against them.
Note:-
A video shot by the tourist has cleared the air on the sequence of events leading to the crash. The video shows the pilot trying to control the glider after strong winds changed its direction and took if far away from the landing site. However, the glider brushed against a tree and eventually crashed into a concrete floor, leading to the fatal accident.
Dr J C Vashista
(Expert) 09 November 2019
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