A Sessions Court has upheld a trial court judgment convicting an employee of a lift company for the death of a person while repairing a lift. The Delhi Police had charged the employee under IPC Section 304 A (death due to negligence).
The incident took place on January 9, 2003, at 10.50 pm on the ground floor of Minto Road Hostel. Court records state that two employees of Bharat Bijli Limited, Pramod Kushwaha and Indermani Sharma, were deputed to repair a defective lift.
During the process, Sharma remained on the ground floor to check the lift and Pramod went to the “machine room” situated on the 12th floor. According to the records, the lift suddenly started moving upwards and Indermani Sharma got “trapped” between the moving car of the lift and the “frontwall of the lift hoistway” at the ground floor, and later died. In his statement in court, accused Kushwaha said that when he came downstairs, he did not find anyone or see bloodstains.
He further contended that his company did not provide any communication tools, and added: “The person who was on the 12th floor at the time of moving the lift could not have communicated with the person at the ground floor.”
However, the Sessions Court said that the death happened due to Kushwaha’s negligence and noted that Kushwaha’s had fled the spot after the incident instead of helping. “… The stand taken by the accused that there were no means to communicate would not be justified to exonerate the accused from such serious act of negligence,” the court said.