Prosecution under Section 304A IPC requires proof of direct negligence causing death; superficial allegations do not suffice.

ORDER

The petitioner, who was the Secretary of Vannappuram Grama Panchayat, is the 1st accused in CC No.992/2019 on the files of the Judicial First Class Magistrate Court-I, Thodupuzha. She faces prosecution for the commission of offence under Section 304A of IPC read with Section 34 of . In the present petition filed under Section 482 Cr.P.C, she seeks to quash the proceedings against her in the said case.

2. The prosecution case is that the petitioner, without taking the necessary precautionary measures, assigned the work of installation of street lights, in a place coming under her Panchayat area, to the 2nd accused, who was the Contractor, who employed workers for the completion of the aforesaid work. It is stated that on 20.04.2017, one of the workers of the 2nd accused was electrocuted while engaged in the installation of street lights at a place called Vellallu in Vannappuram Grama Panchayat. According to the prosecution, the aforesaid death happened due to the rash and negligent act on the part of the petitioner and the 2nd accused.

3. The case has been registered on the basis of the First Information Statement given by a friend of the deceased to the SI of Police, Kaliyar, on 20.04.2017. Originally, the FIR was registered under Section 174 Cr.P.C, in connection with the death under suspicious circumstances. Later on, the Investigating Officer filed a report before the Judicial Magistrate concerned, stating that the offence under Section 304A read with Section 34 IPC is attracted in the facts and circumstances of the case. After the completion of the investigation, the SI of Police, Kaliyar, laid the Final Report before the learned Magistrate against the petitioner herein and the 2nd accused, in connection with the commission of the aforesaid offences.

4. In the present petition, the petitioner would contend that she is totally innocent, and that she cannot be held liable for the death caused to one of the employees of the 2nd accused, while engaged in the work of installation of street lights at a place coming under the Panchayat, where she had been working as Secretary.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.

6. Admittedly, the petitioner was the Secretary of the Vannappuram Grama Panchayat at the time when the offence involved in this case took place. The work relating to the installation of street lights at the place called Vellallu in the said Panchayat was assigned to the 2nd accused, Contractor, by following the procedures relating to the assignment of work by way of tender. Annexure 2 is the copy of the tender notification issued by the Vannappuram Grama Panchayat in connection with the work relating to the installation of street lights. In Annexure 2, it is made clear that it is the responsibility of the Contractor concerned to inform the KSEB office about the place and time of work, and to ensure safety of his employees. By adverting to Annexure 5 intimation, the learned counsel for the petitioner submitted that the Asst.Engineer of KSEB, Kaliyar office, had already been informed by the petitioner that the 2nd accused herein was assigned with the work of installation of street lights as per the decision of the Panchayat Committee held on 27.03.2017. Thus, it is argued that all the reasonable precautions, which the petitioner is expected to take in her capacity as the Secretary of the Panchayat, had already been taken in connection with the work relating to the installation of street lights.

7. Section 304A of the IPC reads as follows:

304 A. 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 description for a term which may extend to two years, or with fine, or with both.”

8. To attract the culpability under the aforesaid Section, prosecution has to establish that rash and negligent act on the part of t