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poornima (n/a)     17 October 2013

Need advice on 304a ipc

Dear experts,

I am opening an apparel store and had given the contract for entire interior work including electrical to a person. The contractor, had sub-contracted the electrical work to an other person.  Whose boy, while doing the electrical work, got a shock and on the way to the hospital passed away.   The contractor called and told me the situation.  I went to the hospital.  They had to go through the police to get the body, so they could send it to the boys hometown.

In the police station, they asked about the details.. the contractor and the sub-contractor told the police that, the work was contracted and this is on them and we (the shop owner) is no where responsible for this.  The workorder I have also says, the contractor is responsible for any accidents/ incidents/ mishaps that might happen during the course of the work and he will not hold us responsible for any such things.   Now the police is calling me and telling me to come to the station and are demanding money to take the name off the complaint given by the sub-contractor.  Where as the contractor and sub-contractor are saying they have not given any complaint against us.   I have also paid whatever compensation i could afford on humanitarian grounds to the persons uncle, who was present here to take the custody of the body.

I asked the police for a copy of the complaint, but they are not giving.  They are demanding money.  I don't know what to do.  Please help.  I also have a letter from the demised person's father, which is attested from the panchayat and the local police station from their hometown, saying he only needs the body and he will not do any criminal proceedings as he understands that this was an accident, which happened because of his son's negligence.  

Please please please, i need some advice on what I should do next.

Please help.

Thanks,

Poornima



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     18 October 2013

1. Did you have made a written agreement with your contractor for electrical works in your shop ? 2. The sub contractor is fully liable for the death of his electrical mechanic's death due to negligence ,due course of the fitting work in your shop , and later the contractor whom you had given work is equally responsible not to perform his work by himself and sub contracted to another person. 3. police is trying to extort money from you contact to senior police officer.

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

If your statement hold good, just make a secret complaint with Vigilance and anti corruption police about the issue, they will guide you how to trap the corrupt police officials. 

poornima (n/a)     19 October 2013

Thank you, Yes, I have issued a written work order on my letter head, to which the contractor has agreed and signed.  In the police station, he also admitted that the client (which means us)  has no responsibility over this.  Even then the police is harrasing us.  On top of that, they have included my husbands name, where as I am the owner.  Please suggest what should I do next.

Thanks,

Poornima

poornima (n/a)     19 October 2013

Please tell me how to get a copy of the complaint?

Sudhir Kumar, Advocate (Advocate)     19 October 2013

Please red write what Mr Kalaiselvan has advised.

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