NOORMIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in Crime No.690 of 2023 of Anthikkad Police Station, now pending as C.C.No.483 of 2024 on the files of the Judicial First Class Magistrate Court-II, Thrissur, wherein the petitioner is facing the charge for the offence under Sec. 304A read with 34 of IPC. The circumstances leading to the registration of the crime are as under; Based on the estimate prepared by the LSGD Assistant Engineer of Manalur Grama Panchayat/3 rd accused, the contract for carrying out the tress work over the roof of the Manalur Family Health Centre was awarded to the petitioner. The petitioner in turn, entrusted the plumbing works on sub- contract to the 2nd accused. While the 2nd accused and his workers were carrying out the plumbing works on the roof top, at about 10:30 am on 10/6/2023, one of the workers, named Akhil, accidently touched the 11KV line passing in close proximity to the building, suffered electric shock and died after falling from the building.

(2.) According to the learned counsel for the petitioner, even if the prosecution allegations are accepted in their entirety, the offence under Sec. 304A will not be attracted, since the plumbing work was given on sub-contract to the 2 nd accused and the deceased was one of his workers. Moreover, the accident occurred when the deceased accidently touched the live electric wire, which is not the result of any rash or negligent act on the petitioner's part.

(3.) Learned Public Prosecutor submitted that the 3 rd accused had prepared the estimate and plan without obtaining proper approval and by accepting the contract and carrying out the work without considering the proximity of the electric lines and taking requisite measures, the petitioner had contributed to the accident.