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12. The investigating officers also examined the cause of malfunctioning of the DVB transformer and obtained a report Ex. PW24/A in that regard from Mr. K.L. Grover, Electrical Inspector and Mr. A.K. Aggarwal, Assistant Electrical Inspector on 25th June, 1997. The report obtained from Professor M.L. Kothari of IIT, New Delhi, on 2nd July, 1997 analysed and attributed the cause of fire to malfunctioning of the DVB transformer.

13. The investigating agencies then looked into the fire safety deviations in the Uphaar Cinema building to determine whether the same had contributed to the fire and hindered the escape of those seated in the cinema auditorium and balcony from the poisonous carbon monoxide that had polluted the atmosphere inside the complex. Reports from Executive Engineers, MCD were also obtained in this regard. A Panchnama depicting floor-wise deviations in the Uphaar Cinema building and an Inspection-cum- Scrutiny report marked as Ex.PW 2/A indicating the structural deviations was also submitted by the MCD to the CBI on 11th August, 1997.

PW15/Y-3, which too only allowed a wall upto a height of 3 feet.

(2) Similarly, the Court found certain other structural deviations in the cinema building some of which contributed to the fire, smoke and obstruction of escape claiming human lives by asphyxia. The Court in this regard placed reliance upon Ex. PW17/D, the report prepared by R.K. Gupta, Junior Engineer, MCD (PW-17) and the deposition of R.S. Sharma (PW-18) and Vinod Sharma (PW-20). The Court also placed reliance upon Ex. PW2/A which happened to be the inspection-cum- scrutiny report dated 2nd August, 1997 submitted by the MCD Engineers depicting floor-wise deviations and deposition of R.N. Gupta, Executive Engineer, MCD (PW-2) in that regard. Reliance was also placed upon the depositions of R.K. Bhattacharaya (PW-39) and the inspection note prepared by the Trial Court based on its inspection on the spot as per the direction of the High Court. Based on the said evidence the Trial Court enumerated the following structural deviations in the Uphaar Cinema building:

viii) It is revealed from the inspection reports that the four exhaust fans which were to face an open space instead opened out into the staircase.
ix) As previously held, the existing structural deviations in the building obstructed the egress of patrons into open spaces and thereby directly contributed to their deaths. These blatant structural deviations were never objected to by the MCD, a government body which is responsible for ensuring compliance with building plans.
(ix) To appoint an adequate number of torch men and persons in charge of the fire-fighting equipment to be present throughout the duration of a film exhibition to aid and guide patrons out of the theatre as and when such a need arises.
(viii) Whether the accused were negligent and if so, whether the negligence was gross:

115. The Courts below have concurrently found that the occupiers of the cinema building had committed several deviations from the sanctioned building plan apart from breaches of statutory provisions. These deviations and breaches may not have directly contributed to the death of the victims in the instant case but the same cannot be said to be wholly irrelevant for purposes of determining whether or not the occupiers had neglected their duty to care and if they had, whether such neglect was gross in nature. The concurrent findings of the Courts below in the nature of deviations from the sanctioned building plan of the cinema and the statutory requirements may be enumerated as under:-