Delhi: Man acquitted in 1999 roof collapse case

New Delhi, Mar 6 (PTI) A Delhi court has acquitted a man accused of negligence in a 27-year-old roof collapse incident that claimed the life of a labourer and caused injuries to several others.

The case dates back to September 16, 1999, when police received information about the collapse of a ceiling at a house in Arjun Gali in Maujpur area of northeast Delhi, where construction work was underway and several labourers were working at the site.

Judicial Magistrate First Class Pankaj Rai was hearing a case against Shiv Dutt, who was accused under the charges of IPC Sections 288 (negligent conduct with respect to pulling down or repairing buildings), 304A (causing death by negligence), 337 (causing hurt by act endangering life or personal safety of others) and 338 (causing grievous hurt by act endangering life or personal safety of others).

The court noted that the prosecution failed to prove negligence on his part beyond reasonable doubt.

In an order dated February 20, the court said, “It cannot be said beyond reasonable doubt that the incident took place due to negligence of the accused. None of such facts as proved on record shows that the death of the deceased or injuries sustained by the injured were due to the negligence of the accused." According to the prosecution, around 15–20 labourers were present when the roof being constructed on the first floor suddenly collapsed, trapping the workers underneath.

The police said the injured labourers were rushed to the hospital, where one of them, Wahid, succumbed to injuries while seven others sustained injuries in the incident.

During investigation, it emerged that the owner of the building, Shiv Dutt, had assigned the construction work to a contractor, Shahzad, who died during the pendency of the trial.

In its judgment, the court noted that the prosecution could not establish that the incident occurred due to any rash or negligent act attributable to the accused.

It observed that key evidence was lacking and one of the witnesses had turned hostile during the trial.

“Accused Shiv Dutt cannot be held responsible for any rash and negligent act of contractor, if any. Like other offences charged in this case, there is also no material on record to show that there existed common intention on the part of accused Shiv Dutt to commit the above offence with co-accused Shahzad (since expired),” the court said.

The court held that there was no material on record to show that the death of the labourer or injuries sustained by others were a result of negligence on the part of the accused and extended the benefit of doubt to him.

“In view of the above discussion, accused Shiv Dutt is hereby acquitted of the charge under 304A, 288, 337, 338, 34 IPC,” the court said.

While acquitting Shiv Dutt, the court said the responsibility of the state towards the victims could not be ignored and directed that the matter be referred to the District Legal Services Authority (Northeast) to consider compensation for the victims and their families under the Delhi Victim Compensation Scheme. PTI SKM SKM NB NB