The city police on Sunday booked the plot owner on charges of culpable homicide not amounting to murder - a non-bailable offence with possible life sentence. However, the accused was absconding.
Usually in such cases, the police book the accused under softer sections of the Indian Penal Code (IPC) like 304A which is a bailable offence and has a provision for maximum of two years of imprisonment.
However, the accused - Rohtash Tayal - has been booked under Section 304 of the IPC.
"We have booked Tayal under Section 304 of the IPC," said Om Parkash, SHO, Manesar Police Station.
According to legal experts, Section 304 is more stringent than Section 302 which deals with murder.
They say that Section 302 still gives a leeway that the accused could have committed the murder in a fit of rage.
However, Section 304 squarely says that the negligence of the accused led to the death. Meanwhile, the city police also booked the contractor who dug the borewell in Kho village. He too is on the run.
The Gurgaon police have formed three teams to find the whereabouts of the owner of the plot. Earlier, the police had booked the plot owner under sections 188 and 336 of the IPC.
Section 188 refers to violation of government orders.
Besides, contempt of court procedure can also be initiated against the Tayal as the Punjab and Haryana high court has banned digging of borewells without obtaining permission from the appropriate authority - the deputy commissioner of Gurgaon in this case.
Tayal, a resident of Najafgarh, is presently residing in Dwarka.