Document Fragment View

Matching Fragments

77. On 25.6.97, Post Mortem on the body of Capt. M S Bhinder was conducted and as per the Autopsy Report Ex PW 77/A, the cause of death was declared as Asphyxia.

78. On 25.6.97, the report of Electrical Inspector K L Grover and Asst. Electrical Inspector A K Aggarwal was obtained which is Ex.

PW 24/A. On the same day, report of R K Bhattacharya, EE, Municipal Corporation of Delhi was also obtained showing the structural deviations in the Uphaar cinema building. ( Ex. PW 39/B alongwith annexures.)

79. On 27.6.97, CFSL report of Dr. Rajender Singh was forwarded to SHO, PS Hauz Khas. ( Ex. PW 64/B).

80. On 29.6.97, expert opinion from K V Singh, Executive Engineer( Electrical) PWD was also obtained which is Ex. PW 35/A.

81. On 2.7.97, report from Prof. M L Kothari of IIT, New Delhi was also obtained which is Ex. PW 36/A.

82. On 22.7.97, letter from M M Dass was sent to Crime Branch.

83. On 2.8.97, a Panchnama was prepared by PWD officials giving floor-wise deviations found in Uphaar cinema building and the same is Ex. PW 29/A.

94.The sanction for prosecuting B M Sathija, A K Gera, Bir Singh, S N Dandona, Shyam Sunder Sharma, N D Tiwari, H S Panwar and Surender Dutt was obtained from the competent authorities under Section 197 Cr P C.

95.After hearing the arguments on behalf of CBI as well as on behalf of all accused persons, following charges were framed.

Sushil Ansal & Gopal Ansal :-

That on or about 13.6.97 being licensee/owners of Uphaar cinema, Green Park Theaters and Clubotels Pvt Ltd caused the death of 59 persons/patrons besides causing simple and grievous hurt to about 100 persons on account of fire in DVB transformer and spread of highly toxic gases inside the building by your acts and omissions of allowing the DESU/DVB transformer installed in Uphaar cinema building and various deviations from structural and fire safety point of view in the said building in contravention of various acts and rules and by your negligent acts in not facilitating the escape of the patrons seated inside the theatre on 13.6.97 to view ' ' BORDER ' ' movie during 3 to 6 p.m. matinee show, which were negligent not amounting to culpable homicide and thereby committed an offence punishable u/s 304A IPC r.w 36 IPC and within my cognizance.
On the above said date time and place, you both caused simple and grievous hurt to about 100 persons/patrons who had come to Uphaar cinema to view ' BORDER ' movie during 3 to 6 p.m. matinee show on account of fire in DVB transformer and spread of highly toxic gases inside the building by your negligent acts and omissions of showing deviations from structural and fire safety point of view in the building resulting in spreading of highly toxic gases generated due to severe fire in the DVB transformer in stalled in the said Uphaar cinema and on account of such negligent act on your part so as to endanger human lives and personal safety of other patrons seated inside the uphaar cinema theatre and thus you both committed an offence punishable u/s 337/338 IPC r.w. 36 IPC.