The Supreme Court recently discharged two persons accused of not providing safety equipment (e.g., helmets, safety belts, rubber shoes) to their employees, leading to their deaths due to electrocution while working on a signboard by using an iron ladder.
An FIR was registered against the Appellants under Sections 304 (culpable homicide not amounting to murder) and 304A (causing death by negligence) of the Indian Penal Code (IPC).
The Trial Court and High Court rejected the appellants' (employers) discharge application, holding that there was sufficient material to proceed with the trial under Section 304 Part II IPC (culpable homicide not amounting to murder).
The Court held that the appellants lacked requisite knowledge or intention to cause death.
“the two deceased employees of appellant No. 1 were undertaking the work of decoration of the front side of the shop. As part of the said work, they were working on the sign board which was approximately at a height of 12 feet from the ground level. For this purpose, they were provided with an iron ladder. While working on the sign board, they were struck by electricity as a result of which they got electrocuted and fell down resulting in multiple injuries leading to their death. It was purely accidental. On these basic facts, no prima facie case can be said to be made out against the appellants for committing an offence under Section 304A IPC, not to speak of Section 304 Part II IPC. In any case, the Trial Court only considered culpability of the appellants qua Section 304 Part II IPC as the committing Magistrate had committed the case to the Court of Sessions confining the allegations against the appellant to Section 304 Part II IPC and not Section 304A IPC.”,
