STATE OF BIHAR Vs. R G AGARWALA

JUDGEMENT

(1.) THIS is an appeal by the State of Bihar against a judgment, dated the 15th February, 1960, of a Judicial Magistrate, 1st class, Jamui, acquitting the three respondents under Sections 67 and 74 (1) (a) of the Mines Act, 1952.

(2.) THERE is a company known as Messrs Christian Mica Industries Limited and it owns a mica mine, being Burhia Pit No. 2, situate in Mouza Thakar Charka Pathal within Jhajha police station of the District of Monghyr. Respondent Ramgopal Agarwala was one of the directors of the company and appointed by the Board of Directors of the Company as 'owner' of the mine within the meaning of Section 76 of the Mines Act. Respondent Jogendra Nath Ghosh was the Agent and respondent Ram Krishna Jha was the acting Manager of the company in charge of the management of the aforesaid mine on the relevant date.

(3.) THE respondents did not deny the prosecution allegation about the accident. As to their working on a Sunday in contravention of Section 28 of the Act, they pleaded a justification that they were obliged as an emergency measure to work on a Sunday inasmuch as aiter the timbering work done on the 6th December, 1958, it appeared that the eastern side of the pit was about to fall. As for the mine not having been kept in accordance with Rule 38 of the Regulations, nothing was said specifically either in the statement of the respondents recorded under Section 342, Code of Criminal Procedure, or in the written statements filed on their behalf. In paragraph 14 of the written statement tiled on behalf of Jogendra Nath Ghosh and Ram Krishna Jha, it was only said that the respondents had taken necessary steps urgently for protecting the safety of the mine and that the charge of omission to do thing necessary was groundless.