A Delhi court has ordered framing of charges against a man for allegedly causing death of a passerby, who got electrocuted by a cooler installed in the house of the accused.
Additional Sessions Judge Vrinda Kumari, while setting aside a magisterial court order that had discharged accused Raza Khan, an electrician, said there was sufficient evidence on record to frame charges against him.
"There is sufficient evidence on record to frame notice under section 251 of CrPC against accused for offence of causing death by negligence under IPC," the judge said, while sending the case back to the magistrate for framing charge.
The court noted that the complainant had informed the accused four days prior to the incident about the fault in the electric cooler, yet he did not take corrective measure.
"Omission of the accused in maintainingtheelectric deviceproperly constitutesanegligentactwithinthemeaning ofsection 304A (causing death by negligence) underIPC.
"Negligenceonpartofaccusedcoupled withstatement of complainantOmbirSinghprima facieestablishesanimminent connectionbetweenact ofaccusedanddeathcaused," it said.
It also rejected Khan's argument that being an electrician, he is a man of meagre meansandhasafamily to support, saying itcannotbe considered at this stage.
According to the prosecution, Khan had installed the electric cooler in the windowofhishouseinSangamVihar here in sucha waythatitstinbodyprotrudedinthe narrow lane.Whilepassingthroughthis lane,
Maheshgotelectrocutedbecauseofelectriccurrentpassing throughthetinbodyofthecooler.
Maheshwastakentothehospital,where he was declared brought dead, it said.
Complainant Ombir Singh had said that he cautioned Khanregardingthefault in the cooler fourdaysprior to the incident, yet he did not take sufficientmeasuresto addresstheproblemofpassingof currentthrough tinbodyof thecoolerwhichresulted inMahesh's death.
A trial court had discharged Khan onthegroundthatthe prosecutionfailedto show proximate connection of Khan to the death.
It hadobservedthatnonegligent conduct on the part of Khan has beenbroughton recordtoshowthathewasreckless inmaintainingthe properelectricswitch/circuitconnected tothecooler.
