STATE OF MADHYA PRADESH Vs. CHATURBHUJ AGRAWAL

JUDGEMENT

(1.) THIS appeal has been preferred by the State Government against the judgment dated the 28th of January, 1959 passed by the Magistrate First Class Ohhindwara. in Criminal Case No, 908 of 1958 whereby he acquitted the above-named respondents of an offence under Section 74 of the Indian Mines Act for contravention of Regulation No. 38 read with Regulation No. 91 of the Indian Metalliferous Mines Regulations of 1926.

(2.) THE respondent Chaturbhuj was at the relevant time the Agent of the Gowari Wadhona Mangenese Mines; whereas respondent R. Shrinivasan worked as its Manager. The respondent Allauddin worked as a contractor in the said Mines whereas respondent Sohansingh was its general foreman.

(3.) THE case for the prosecution is that the abovenamed respondents were on 2040-1957 working in their respective capacities as mentioned above in the Gowari Wadhona Manganese Mines. The work of extracting Manganese ore in an open cast working was in progress and a batch of about 25/30 persons was engaged to work as labourers in connection with it. While the work was in progress one of the sides of the excavation collapsed, with the result that the debris fell down on the persons working therein, killing two of them; namely Barelal and Abdul Hamid on the spot and causing injuries to certain others.