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1. Brief facts leading to the registration of the present
FIR were that on 13.12.1999 at about 3.00 am at Immigration
Hall Arrival Right escalator, an eight year old girl named
Jyotsana arrived at IGI Airport from Duabi along-with her uncle
and other relatives. In the process of coming down through the
downward escalator, she along-with her uncle fell down. They
got trapped in a pit which had been made due to shifting of
comb-plates and foot board of the escalator, as a result of which,
the girl Jyotsana expired at the spot itself. Her uncle and some
other persons sustained injuries. The accused K.P. Dimri, AME
(E) was mechanical installations system and in-charge of all such
as conveyor lifting barriers, aerobridges, lifts, escalators and
sliding doors etc. The accused R.K. Meena, JE (E) was the in-
charge of operation & maintenance of aerobridges, lifts,
escalators and sliding doors etc. The accused R.S. Kanoj,
Assistant Manager (Engg-Elect.) was posted on shift duty as
Shift In-charge for various E&M installations at Terminal II to
check their serviceability and initiate action for getting all the
equipment including escalator which are found unserviceable
during his shift. The case of prosecution against these three
accused are that they were negligent in as much as they failed to
keep the escalator under proper maintenance and that they had
not provided sign board of safety/precaution and had not
provided the switch at the appropriate place so that it could have
been switched off to stop the escalator. The accused Arvind
Kumar Sinha and Jaswant Kumar are the route examiners of M/s.
OTIS as the escalators were being maintained by M/s. OTIS. It is
alleged that the order for maintenance was placed on M/s. OTIS
even after expiry of old contract. That on many occasion, OTIS
signed the agreement after the lapse of considerable period of
time after award of work. The accused Arvind Kumar and
Jaswant Kumar were supposed to carry out routine maintenance
of escalators and the replacement of parts on account of normal
wear and tear of the same. It is also alleged that their duty was
also to provide the feed back about the detects after attending the
call back to OTISLINE. Whereas, the accused R.P. Kalra was the
service supervisor of M/s. OTIS. His job was to supervise the
work of the route examiners at random and to visit the job site
periodically with the examiners. It is alleged against the accused
Arvind Kumar, Jaswant and R.P. Kalra that they were negligent
as had they properly checked the escalator, they would have
noticed that the bracket fittings on the fixed frame were loose.
After completion of investigation, charge sheet was filed against
the accused persons under section 287/304-A/337 IPC.
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