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Mohankumar   11 September 2017

Fir filed against owner for worker death - ipc 338

My father is the owner of our home which has three storeis. He had employed three daily wages labourers to paint and clean the first floor of our house, while we are staying in the second floor. 

One of the labourer is 64 years old,  was doing the work of helper. In the evening hours, just before leaving work, he had climed a 5 foot aliuminium ladder, and has slipped from the ladder and got grevious injuries on the head. My father came to know about it when one of the fellow worker came and informed us about this incident. My father has not asked the helper to pick up the anything from the ceiling, or climb ladders. Immedialtely we have moved the injured person to local hospital, and on advice of local hospital moved the injured to govt hospital within 2 to 3 hours time using 108 ambulance.). But unfortunately, after two days of treatment, the worker has succumed to injuries and has died..

The police has booked fir and case against my father in section ipc 338.  The FIR states that my Father has forced the helper to climb the ladder, without keeping in concideration his age, and due to that the worker has fallen and died, and that my father is the reason for his death.  But, this is not true,  the worker is well known to us, and we have never asked him to do any hard labour, concidering his old age condition. We only ask him to work for cleaning work, and garden work. Also, my father was not in the place of death. 

The otherfellow worker has clearly provided statemetn to police that, my father did not ask the worker to climb ladder and was not precent at the time of incident. But still, the fir is framed against my father in a such a way that he is the reason for the worker death.

Kindly, good some one provide good directions on how to solve this case..

 

 

 

 

 

 

 



Learning

 1 Replies

Siddharth Srivastava (Advocate)     11 September 2017

File petition u/s. 482 for quashing of FIR. Otherwise, Your father may be required to prove his innocence. Siddharth

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