NIROD RANJAN DEKA Vs. STATE (GOVT OF ASSAM)

JUDGEMENT

(1.) The petitioner Sri Nirod Ranjan Deka, has filed this Criminal Revision Petition under Sec. 401 read with Sec. 397 of the Code of Criminal Procedure, 1973 challenging the Judgment & Order dated 20.04.2006 passed by learned Sessions Judge, Tinsukia in Criminal Appeal No. 41(3)/2005, by which the learned Appellate Court partly allowed the said Criminal Appeal of the accused petitioner and two others, set aside the order of conviction under Sec. 72C (1) (a) of the Mines Act, 1952 for violation of the Regulation 37(2) of the Oil Mines Regulations, 1984, upholding the conviction under Sec. 72C (1) (a) of the Mines Act for violation of the Regulation 20(4)(a) & 20(5) of the Oil Mines Regulations, 1984 and modified the sentence to the extent of payment of fine of 5,000.00 only, setting aside the sentence of rigours imprisonment for 6 (six) months as imposed upon the petitioner by the learned Chief Judicial Magistrate, Tinsukia in CR Case No. 38C of 2002, directing the petitioner to pay the said fine amount of 5,000.00 within one month, observing that the entire fine amount to be realised from the petitioner be paid to the legal representative of the deceased.

(2.) Brief facts of the case is that on 12.09.2001 two numbers of rig-pumps (also called as mud-pumps) of the drilling rig were to place at their respective positions on the foundations at the new location 'DET' of the 'Naharkatiya Oil Mines' of M/S. Oil India Limited, Duliajan and the those pump were to properly aligned with the foundation pits (holes) provided for grouting the foundation bolts for their anchorage. Each of the said rig pumps with its motor was weighed about 26 tons. For the said purpose three cranes were available at the site, out of which two had the maximum lifting capacity of 30 tons (Crane Nos. 6035 & 6038) and one had the maximum lifting capacity of 18 tons (Crane No. 6039). The said rigging up operations was being carried out under the supervision of one Sidheswar Buragohain, Junior Engineer-II of M/S. Oil India Limited. After placing one of the said rig pumps in its location with the help of two cranes, having maximum capacity of 30 tons (Crane Nos. 6035 & 6038), one such crane (Crane No. 6038) had gone out of the order. As such, to shift the other rig pump and place it on its desired location, one crane with maximum lifting capacity of 30 tons (Crane No. 6035) and other crane with the maximum lifting capacity of 18 tons (Crane No. 6039), which together can lift about 48 tons, were used as the rig pump with its motor weighed about 26 tones only. While the said rig pump was almost placed on its desired location by both the cranes and as slight alignment was required by shifting the pump by 3 to 4 inches to the already placed other rig pump for its exact placement with its foundation pits, the load of the said pump from the pump end of the rig pump from the side of Crane No. 6035 (lifting capacity of 30 tons) operated by one R.N. Saikia was taken off by loosening the slings and tried to align the pump with the other crane No. 6039 (lifting capacity of 18 tons) operated by one Nabin Talukdar. At that point of time Tilak Hazarika, Mechanic-II (Pump), Grade-VIII, Sangram Phukan, Tradesman-V of Oil India Limited and others were between the two rig pumps to see the alignment of the pump with respect to its foundation pits. When the said rig pump was shifted/dragged by few inches with the help of the crane No. 6039 (lifting capacity of 18 tons), suddenly the boom of the said crane collapsed and fell upon said Tilak Hazarika & Sangram Phukan and caused serious bodily injuries on them with injuries on their head and other parts of the body. Both the injured persons were immediately sent for emergency treatment to the Oil India Hospital, Duliajan and thereafter to Dibrugarh for special treatment. While at hospital at Dibrugarh, on 15.09.2001 said Tilak Hazarika, succumbed to his injuries and the other injured person Mr. Sangram Phukan recovered from his injuries after a long treatment.

(3.) As required under Regulation 7 of the Oil Mines Regulations 1984, a Regulation framed under the Mines Act 1952, the Manager of Naharkatiya Oil Mines, Oil India Limited, Duliajan on 15.09.2001 issued Notice in Form-IVA (Exhibit-4) to (i) the Chief Inspector of Mines, Dhanbad-826001, (ii) the Regional Inspector of Mines, Sitarampur, Region No. 2, (iii) the concerned District Magistrate and (iv) the Deputy Director of Mines Safety, Digboi Sub-Region, Digboi intimating them about the aforesaid accident at location 'DET' on 12.09.2001 as well as about the injuries of the aforesaid two personnel of Oil India Limited. After the death of injured personnel Tilak Hazarika on 15.09.2001, said Manager of Naharkatiya Oil Mines, Oil India Limited, Duliajan, issued a revised Notice in Form-IVA (Exhibit-5) and another Notice in Form-IVB under Regulation 7 of the said 1984 Regulations dated 22.09.2001 (Exhibit-6) to the aforesaid four addressees.