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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Ashish Rangari, S/o. Deepak Rangari – Appellant
Versus
State of Chhattisgarh, Through District Magistrate, Chhattisgarh – Respondent
JUDGMENT :
BIBHU DATTA GURU, J.
1. Since both the appeals arising out of same impugned judgment of conviction and order of sentence, they are being considered and decided by this common judgment.
2. These criminal appeals preferred under Section 374(2) of the Cr.P.C are against impugned judgment of conviction and order of sentence dated 31.03.2016 passed in Sessions Trial No. 173/2014 by the learned Second Additional Sessions Judge Durg, C.G., whereby the appellants have been convicted and sentenced as under:-
3. Case of the prosecution in brief is that the construction work of Amrapali Vananchal City, Bhilai was being carried out under M/s Ultrahome Construction Pvt. Ltd. At the relevant time, accused S.K. Singh was working as the Project Head at Bhilai. The supervision of construction quality and monitoring of the work in accordance with rules was entrusted to Supervisor Jitendra Singh, while Satyendra Singh was working as Foreman, Ashish Singh as Site Engineer, and Ashish Shukla as Contractor. For the construction of the said building, mason Kailan, along with workers Bhagwat, Chhabi, Arun, and the deceased Lalit Chaturvedi, were present at the site on the date of incident, i.e., 04
Negligence leading to accidental death can attract liability under Section 304-A IPC when safety protocols are ignored despite known risks, as established by credible evidence.
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The principle of strict liability and the doctrine of res ipsa loquitur were applied to establish the liability of the Defendants for the death of Braja Kishore due to electrocution.
Electricity suppliers are strictly liable for injuries caused by their infrastructure, regardless of negligence, and must compensate victims for losses incurred.
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