Pune: A sessions court here has dismissed an application of the site engineer and assistant vice-president of the Pride Purple Group seeking discharge from the criminal case related to the July 29, 2016 slab collapse at the Park Xpress housing project under construction in Balewadi.
Nine workers died and three were injured when they fell from a height of 140ft during the construction of an unauthorized 13th floor slab that caved in because of faulty shuttering and support structure. Site engineer Shrikant Kisan Pawar was among the five persons arrested then.
"There are prima facie sufficient material to proceed against the present applicant accused no 4 (Pawar) for the alleged offences. Hence, he is not entitled for discharge from the case," additional sessions judge Dilip G Murumkar said in an order on October 26.
Pawar had moved the discharge plea on the ground that he was neither the contractor nor the employer of the deceased workers and had no concern with the alleged incident. He said his name was not mentioned in the FIR and none of the witnesses had told the police that he was present at the spot at the time of the incident.
He also pleaded that there was no evidence collected by the investigating officer to connect him with the alleged offences and, hence, he may be discharged. Otherwise, it will be a futile exercise to conduct trial against him, Pawar said.
Additional public prosecutor Premkumar Agarwal had countered the argument, stating that though there was no evidence against the applicant (Pawar) in the initial stage, the supplementary chargesheet revealed commission of alleged offences by him as per the witnesses' statement.
Judge Murumkar referred to an expert report showing that the shuttering and support structure was not strong and the material used was of inferior quality. Moreover, some witnesses associated with the company recorded statements that it was the applicant's duty to supervise the work on receipts of site drawing and building material and to prepare and finalize the work order.
"Though the applicant-accused was not present at the site at the time of the alleged incident, his duty and work was a contribution to the construction work of his company at the place of incident. Therefore, he has prima facie connection with the alleged incident," the judge held.
"Whether there was mens rea (intention) to commit alleged offences would require evidence which will be led at the time of trial. The police statement of witnesses as well as documentary evidence collected during investigation glaringly show that the present applicant-accused no 4. is prima facie involved in the incident and connected with alleged offences," the court observed.
Nine workers died and three were injured when they fell from a height of 140ft during the construction of an unauthorized 13th floor slab that caved in because of faulty shuttering and support structure. Site engineer Shrikant Kisan Pawar was among the five persons arrested then.
"There are prima facie sufficient material to proceed against the present applicant accused no 4 (Pawar) for the alleged offences. Hence, he is not entitled for discharge from the case," additional sessions judge Dilip G Murumkar said in an order on October 26.
Pawar had moved the discharge plea on the ground that he was neither the contractor nor the employer of the deceased workers and had no concern with the alleged incident. He said his name was not mentioned in the FIR and none of the witnesses had told the police that he was present at the spot at the time of the incident.
He also pleaded that there was no evidence collected by the investigating officer to connect him with the alleged offences and, hence, he may be discharged. Otherwise, it will be a futile exercise to conduct trial against him, Pawar said.
Additional public prosecutor Premkumar Agarwal had countered the argument, stating that though there was no evidence against the applicant (Pawar) in the initial stage, the supplementary chargesheet revealed commission of alleged offences by him as per the witnesses' statement.
Judge Murumkar referred to an expert report showing that the shuttering and support structure was not strong and the material used was of inferior quality. Moreover, some witnesses associated with the company recorded statements that it was the applicant's duty to supervise the work on receipts of site drawing and building material and to prepare and finalize the work order.
"Though the applicant-accused was not present at the site at the time of the alleged incident, his duty and work was a contribution to the construction work of his company at the place of incident. Therefore, he has prima facie connection with the alleged incident," the judge held.
"Whether there was mens rea (intention) to commit alleged offences would require evidence which will be led at the time of trial. The police statement of witnesses as well as documentary evidence collected during investigation glaringly show that the present applicant-accused no 4. is prima facie involved in the incident and connected with alleged offences," the court observed.
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