The Delhi Police has alleged negligence and non-compliance with safety norms on the part of the three accused in the Janakpuri pit death case, wherein a 25-year-old man fell into a freshly dug pit along with his motorbike on the intervening night of February 5 and 6, but was only discovered by a passerby the next morning.
In their 877-page charge sheet filed in Dwarka court on Tuesday, the police named three persons associated with a company contracted by the Delhi Jal Board (DJB) for working on the pit project. They are Himanshu Gupta, 45, the suspended director of KKSPUN Pvt India Ltd, Rajesh Kumar Prajapati, 47, the subcontractor working on the project, and Yogesh Kishor, 23, a labourer on site, who allegedly tried to cover up the incident.
Deputy commissioner of police (west) Darade Sharad Bhaskar said, “Gupta has been identified as the suspended director of the main contractor company that undertook the project. His associate, Prajapati, was the subcontractor and Kishor was deployed for the project by Prajapati. The investigation into other suspects and alleged accused is still going on, and the supplementary investigation report would be submitted before the court via a supplementary charge sheet soon”.
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A police official, who asked not to be named, said, “The workers dug the pit a day before the incident and it was left uncovered. There were no warning signs, reflectors, barricades or proper lighting arrangements. The pit was left open in the middle of a public road without any safety measure.”
Police said that the “non compliance” to safety measures were proved with the help of CCTVs. The charge sheet states that the excavation site was left “unsecured” and this transformed a sewer project into a “death trap”.
On the intervening night of February 5-6, 25-year-old Kamal Dhyani, who worked at a private bank in Rohini, was going to his home in Palam Colony when he fell into the pit. The charge sheet states that the pit was 15 feet deep.
The police official said that the incident took place around midnight and a passerby was the “first” person who saw the victim fall into the pit, at around 12.15am. He said, “The man informed a security guard, who, in turn, approached Kishor. Kishor even walked to the pit and saw the bike and body…”
Police said several CCTV cameras and call detail records showed that Kishor called Prajapati at 12.22am and Prajapati was “spotted” at the scene at 12.45am. Police said in the charge sheet that both men “saw” the body but did not inform the police. They said that the men then called Gupta and others.
The charge sheet also states that Kishor “misled” Dhyani’s family, who were looking for him. It also states that all of them fled after the incident. Gupta was caught a month after the incident, from Rajasthan, said the police.
While the police initially booked the accused for culpable homicide not amounting to murder, sections pertaining to giving false information to screen offenders, criminal conspiracy and using forged documents as genuine were added later.
A third senior police officer said the charge sheet includes detailed findings on the role and responsibilities of the accused persons, contractual arrangements between the company and DJB, and on-site conditions at the time of the incident.
A lawyer for Gupta, asking not to be named, said, “How could Gupta make a call when he was not here? He found out very late. Also, he had been suspended from his position on July 11, 2025. The powers were with a resolution professional who takes a decision with the committee or creditors. I can’t comment on the charge sheet as I am yet to receive it. In any case, the Delhi Police’s allegations are all false.”
The counsels for Prajapati and Kishor did not respond to requests for comment.
