Deaths from Transformer explosion: Criminal charges remain

The High Court of Karnataka has refused to dismiss criminal prosecution against a BESCOM Junior Engineer following the death of a father and daughter due to a transformer explosion on a road.

Justice M. Nagaprasanna in his ruling stated, “There were several complaints before the fateful day to rectify the defect in the transformer. After investigation, the police added these complaints to the official report. These are undisputed facts. There is prima facie negligence on the part of the petitioner or any other accused in the present case. Therefore, there is no need to interfere with the ongoing proceedings against the petitioner.”

The incident took place on March 23, 2022, when Shivaraj and his daughter were traveling on a two-wheeler. A roadside BESCOM transformer exploded, spilling burning oil on it. They were rushed to Victoria Hospital but succumbed to their injuries.

A bystander filed a complaint under Sections 285 and 338 of the IPC. After investigation, the police added Section 304A (causing death by negligence) to the charge sheet. The Junior Engineer applied for the case to be dismissed, claiming no responsibility for the transformer explosion and claiming it was an accident. He stated that the responsibility for maintenance lay with the contractors. The plaintiff countered that petitioner was responsible for the inspection and safety of transformers, noting unaddressed previous complaints.

The court ruled that despite outsourcing, the petitioner remained responsible for the maintenance of the transformer. The Electrical Inspection report showed that the accident could be prevented by proper maintenance of the explosion opening and checks for oil leaks.

Compensation cannot remedy negligence
Rejecting the argument about the compensation of Rs 20,00,000 paid to the wife of the deceased, the court stated, “This submission is ridiculous to say the least. Payment of any amount of compensation by BESCOM shall under no circumstances absolve the officers from the charge of neglect of duty.” The court further emphasized that compensation cannot remedy dereliction of duty, and warned that similar incidents could affect others if officers avoid responsibility through compensation. The request was subsequently denied.

Families of 98 sentenced to appeal verdict
Relatives of 98 people sentenced to life imprisonment over the violence in the Marukumbi village case plan to appeal the verdict to the Supreme Court.

The relatives of the convicts expect significant hardship now that their families’ breadwinners have been sentenced, including difficulties in providing education for their children. Several families have already consulted with legal representatives.

Local residents have also expressed concerns about possible renewed tensions in Marukumbi, as families of the convicted individuals are unhappy with the court’s decision. The impact of the ruling extends to neighboring villages, where some businesses are temporarily closed. Law enforcement officials successfully convinced local branches to resume operations after visiting the affected areas.

Background to the case

The Koppal Principal District and Sessions Court has found 101 persons guilty in a case of atrocities against Scheduled Castes in Marakumbi village, Karnataka. Of these, 98 were given life imprisonment with a fine of Rs 5,000 under SC/ST Prevention of Atrocities Act. Three convicts, who were themselves SC/ST members, were given a five-year jail term with a fine of Rs 2,000. Judge C Chandra Shekhar delivered the verdict on October 24 after finding 101 of the 117 accused guilty.

Citing the Supreme Court’s Manju Devi case, the judge noted that despite amelioration measures, SC/ST communities remain vulnerable and face continued rights violations and harassment. “Given the facts and circumstances of this case, I find no mitigating or extenuating circumstances available in the record that would justify the showing of any leniency. To show mercy in a case like this would be a mockery of justice…’ the verdict said.