pawan (director) 09 September 2012
Adv Archana Deshmukh (Practicing Advocate) 09 September 2012
You may have come to know it now, but as you say that the judgment has come in 2003. Also it is a state case, you cannot file an appeal in respect of it stating public cause as the reason. If the state did not file an appeal against it in 2003 itself, nothing can be done now. Also s. 304A is a criminal case, for which the accused can be punished with imprisonment which may extend to two years, or with fine, or with both, one cannot claim compensation for the property damage if that is the major issue. If so much damage was caused as you say it was in lakhs of rupees, the aggrieved persons should have filed a civil suit for compensation at that time.
pawan (director) 09 September 2012
Thanx but in india cost of live is Rs 300 per person despite builder saying he used inferior material
Adv Archana Deshmukh (Practicing Advocate) 09 September 2012
Its not proper to divide the quantum of fine with the number of deaths and thus calculate the cost of life of a person. S. 304A is not a case of murder, so that the builder could have been sentenced to life imprisonment, though its true that if it is proved that he used inferior material he could have been given more severe punishment within the ambit of s.304A whereas he was punished with only fine.
304A. 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 descripttion for a term which may extend to two years, or with fine, or with both.
pawan (director) 09 September 2012
Builder / Police nexus and state dont complain despite builder accepting fault. We want to fight this case how can it be re open
Kiran Kumar (Lawyer) 09 September 2012
the appellate court will simply ask about your locus standi and the reasons for delay.
you may file an appeal if you have got any right in that particular lis.
but it will be a very tough case to fight, at every level....you will have to show that the tiral court judge also had made mockery of judicial system.
but primarily you will find tough to answer the query of limitation.
pawan (director) 09 September 2012
I was having a flat in the building ! Labour died in mishap ! we recently came to know of this