events, location of JCB on one side of the wall and wall
collapsing on the other side- clearly demonstrate negligence and rashness of
accused ... collapsed, awareness of accused about wall's
condition and presence of deceased behind the wall, collapsing of wall on the
other side, taken together
later collapsed. Concept of vicarious liability is unknown to
criminal law, and liability for the collapse of the wall and the
resultant injuries ... construction of
the wall, but before the same could be constructed, in the
intervening night, the wall collapsed. Testimonies of these
witnesses is sufficient
they were removing the plaster of the
wall, in the meantime, the wall of the said house collapsed as the bricks of the said wall ... fault of anyone in the collapse of the
wall and the wall collapsed on its own while the plaster of the said wall was being
Whether the wall in question was a cracked wall as alleged by the
plaintiff? OPP.
4. Whether the wall in question collapsed due to pressure ... Whether the wall in question was a cracked
wall as alleged by the plaintiff?
(4) Whether the wall in question collapsed due to pressure
Defence Counsel he
has admitted the suggestion that a wall collapsed as it was
constructed with the help of mud material ... roof collapsed or simply a wall
collapsed has become insignificant, for invariably in case of roof
collapse the wall underneath also collapses and vice versa
from the
aforesaid wall as they had stated to him that it was rainy season and the
aforesaid wall may collapse. He further admitted that ... stated that the wall was constructed
long back by one M/s. Sharma Construction. He deposed that the adjoining
wall collapsed due to which
wall with his truck due to which the wall collapsed.
9. PW-6 Sh. Anil Kumar Sharma s/o Sh. Om Prakash Sharma ... dust and in the meanwhile, during the unloading the
said wall collapsed and fallen upon all of them, due to negligence and
overloading
slabs and iron girders, which were there on the boundary wall,
the boundary wall collapsed causing injuries on his person and
death of his wife ... resulting
into fall of wall. There is also no evidence that lightening strike
on the wall, due to which wall collapsed. Ld. Chief PP
submitted
sliding and
wall was falling. But the aforesaid two laboures remained there and
the wall collapsed. One of the labourer namely Raj Kumar was
rescued ... labourers Dharmendra and
Rajkumar burying underneath the collapsing wall. PW2 also
deposed that after the wall collapsed and PCR van arrived, he saw
two labourers
wall and collected huge pile of sand against the wall
and by virtue of said rash and negligent act of accused, the
said wall collapsed ... against the wall in his aforesaid plot, therefore, due to excessive
pressure of the sand upon the wall, the said wall collapsed and caused
injury
