Contractor jailed for wall collapse

TNN | Nov 3, 2015, 12.27AM IST

New Delhi: A trial court has pulled up Delhi Police and MCD officials for not stopping illegal construction of a wall that collapsed killing four children in 2012. The court said the facts of the case indicated a "highly deprecable nexus" between them and the contractor who was doing the illegal construction.

The court's remarks came while awarding two years imprisonment to the contractor, Mohd Saleem, who constructed the wall in Chhatarpur Extension, for causing the death of the children due to negligence. "It has come in evidence that police as well as MCD officials were well aware of the illegal construction being raised at the property. However, no effective steps were taken by the police and MCD officials to prevent it. Had the MCD officials and police acted in time to prevent it, four innocent lives could have been saved," additional sessions judge, Sandeep Yadav, said.

"The children died on account of acts/omissions of accused (Saleem). Any lenient approach in such cases will send a wrong signal, considering the calamitous impact and enormity of the tragedy which resulted on account of the acts of convict. Therefore, the convict deserves maximum punishment under Section 304(A) (causing death by negligence) of the IPC. Accordingly, Saleem is sentenced to simple imprisonment for two years and a fine of Rs 10,000," the court said.

The court, however, admitted Saleem to bail on a personal bond of Rs 20,000 with a surety of like amount after he moved an application for suspension of the sentence till the filing of appeal.

After the incident, corporation officials conducted an inspection and found the wall "weak" and demolished its remaining portion. The court convicted Saleem despite some prosecution witnesses, including parents of some of the deceased, turning hostile. It said, "The possibility of these witnesses being won over by accused can't be ruled out."

The police had arrested building owner, Baldev Singh, contractors, Sandeep Saini and Mohd Saleem, under sections 304 (culpable homicide not amounting to murder) and 288 (negligent conduct with respect to repairing buildings) of IPC. While Singh was discharged by the court noting he had no say in the construction work, Saini was acquitted as a clause of the agreement between them absolved him from any liability.

Source: http://timesofindia.indiatimes.com/city/delhi/Contractor-jailed-for-wall-collapse/articleshow/49636300.cms