MURALI AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are arrayed as the accused Nos.1 and 2 in Crime No. 659 of 2017 of the Sreekaryam Police Station, registered alleging offence punishable under Section 304 of the Indian Penal Code.

(3.) The petitioners herein are the Site Engineer and Supervisor respectively of M/s. Akshaya Builders and Developers, which is engaged in construction activities. The said concern had taken up the construction of an apartment building owned by the Kerala Land Reforms Development Co-operative Society at Sreekaryam. For construction of basement and foundation, a trench was dug to a depth of 50 feet. While the workers were carrying out concreting works to strengthen the sides, the sand caved in and four workers met with their untimely demise. The site was later inspected by the Inspector of Factories and Boilers. It was reported that the construction activities were carried out without adequate safeguards. To ensure the safety of the workers, the petitioners were expected to provide proper underpinning, sheet piling, shoring and basing. On the basis of the said report, the petitioners herein were arrayed as the accused Nos. 1 and 2.