Thane: Four people including two district officials Thane Municipal Corporation ,TMC) was acquitted by a Thane sessions court in a culpable homicide not amounting to murder case in which a 35-year-old woman died after she fell into a pavement pothole in 2016.
Judge Additional Sessions Judge RR said, “There was an accidental death of the deceased, but she herself was responsible for his death.” Kakani at the time of acquittal Vijay Dhoke, 37 supervisor, contractor Bhushan Borse 43, Thane municipal architect Sunil Joshi 56, and TMC executive engineer Vivekananda Raghunath Karande 51.
The prosecutor told the court about the deceased on February 6, 2016 at around 9.50 pm Jameela KhanShe was returning home after attending a family function along with her family members. While she was walking and walking on the sidewalk attached to the prison wall, she suddenly fell into a pit about 15 to 20 feet deep. Firefighters reached the spot and pulled her out but she was dead. till that time. The prosecution said that the negligence of the accused and lack of safety precautions like barricading in the pit led to his death.
Defense counsel opposed the charges and argued that he had taken all necessary precautions and was not responsible for the incident or death.
The judge said in the order, “During the examination he (father-in-law of the deceased) did not utter a single word about not closing the pit. During cross-examination he admitted that the deceased himself was responsible for the accident. He said that he had warned the deceased not to go from the side of the pit. But in spite of his caution the deceased proceeded from that side. could have been avoided.
The judge further observed, “.. In view of the evidence on record it can be safely held that though the deceased had an accidental death, she herself was responsible for his death. The evidence of the prosecution witnesses proved this.” It was proved that the accused had taken every precaution by putting barricades around the pit.
Judge Additional Sessions Judge RR said, “There was an accidental death of the deceased, but she herself was responsible for his death.” Kakani at the time of acquittal Vijay Dhoke, 37 supervisor, contractor Bhushan Borse 43, Thane municipal architect Sunil Joshi 56, and TMC executive engineer Vivekananda Raghunath Karande 51.
The prosecutor told the court about the deceased on February 6, 2016 at around 9.50 pm Jameela KhanShe was returning home after attending a family function along with her family members. While she was walking and walking on the sidewalk attached to the prison wall, she suddenly fell into a pit about 15 to 20 feet deep. Firefighters reached the spot and pulled her out but she was dead. till that time. The prosecution said that the negligence of the accused and lack of safety precautions like barricading in the pit led to his death.
Defense counsel opposed the charges and argued that he had taken all necessary precautions and was not responsible for the incident or death.
The judge said in the order, “During the examination he (father-in-law of the deceased) did not utter a single word about not closing the pit. During cross-examination he admitted that the deceased himself was responsible for the accident. He said that he had warned the deceased not to go from the side of the pit. But in spite of his caution the deceased proceeded from that side. could have been avoided.
The judge further observed, “.. In view of the evidence on record it can be safely held that though the deceased had an accidental death, she herself was responsible for his death. The evidence of the prosecution witnesses proved this.” It was proved that the accused had taken every precaution by putting barricades around the pit.
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