Delhi court says ‘inadequate security’ at Janakpuri worksite led to pit death

A Delhi court found excavation on a public road lacked safety, leading to a biker's death. Three accused face charges of culpable homicide. Hearing set for June 6.

NEW DELHI

The put where the death took place. (HT Photo)

A Delhi court on Friday, making observations in the Janakpuri pit death case, said that prima facie, excavation was being undertaken on a public road without adequate safeguards and precautions that led to a biker’s fall to death inside a pit.

Taking cognisance of an 800-page charge sheet, judicial magistrate first class Harjot Singh Aujla of Dwarka courts said eyewitness statements and footage from CCTV cameras in the vicinity supported the allegation of adequate safety precautions at the site.

The court said, “The material on record prima facie reflects that excavation work was being undertaken at a public road and that the excavation pit allegedly remained open and inadequately secured and that a motorcyclist fell into the said pit resulting in his death”.

On the intervening night of February 5 and 6, 25-year-old Kamal Dhyani, who worked at a private bank in Rohini and was returning to his home in Palam Colony around midnight, fell into the pit, which was 15 feet deep. His body was discovered by a passerby the next morning.

Police allege that Dhyani remained trapped for nearly eight hours and two of the accused, subcontractor Rajesh Prajapati and on-site worker Yogesh, became aware of the incident but did not alert authorities or initiate rescue efforts in time. Police also arrested the suspended director of the contracting firm KKSPUN Private Limited, Himanshu Gupta, for alleged delay in informing the police.

The accused have been booked and chargesheeted under sections of culpable homicide, disappearance of evidence, criminal conspiracy and forgery.

The court said, “The material further prima facie discloses involvement of accused Rajesh Kumar and Yogesh in execution and supervision of the excavation work. The contractual documents, witness statements, CDR analysis and alleged disclosures collected during investigation constitute sufficient material at this stage for proceeding further against them.”

The three accused have been summoned on the next date of hearing. scheduled for June 6.