LAWS(JHAR)-2016-7-103

NAGESHWAR SHARMA, SON OF LATE NIRANJAN SHARMA, RESIDENT OF ASHAPURNA SOCIETY, P.O. & P.S. MITHAPUR, DISTRICT DEOBHUMI DWARKA(GUJARAT) (IN CR. REVISION NO. 1115 OF 2014) Vs. THE STATE OF JHARKHAND

Decided On July 29, 2016
Nageshwar Sharma, Son Of Late Niranjan Sharma, Resident Of Ashapurna Society, P.O. And P.S. Mithapur, District Deobhumi Dwarka(Gujarat) (In Cr. Revision No. 1115 Of 2014) Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) All the four revision applications arising out of the same judgment of affirmation of the conviction and sentences were heard together and are being disposed of by this common judgment.

(2.) Invoking the revisional jurisdiction of this Court under Sec. 397 read with 401 of the Code of Criminal Procedure (in short "the Code "), the petitioners of all the four revision applications have prayed for setting aside the judgment dated 03.09.2014 passed by learned Sessions Judge-Dhanbad in Criminal Appeal nos. 73 of 2007, 74 of 2007 and 76 of 2007 whereby and where under the judgment of conviction and sentence dated 09.03.2007 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.M.A. Case no. 357 of 1996 has been affirmed.

(3.) The prosecution case, which is based on a complaint filed at the instance of the complainant - Director of Mines Safety, Dhanbad Region No.1, C.M.A. no. 357 of 1996 was instituted with the allegation that the complaint being the Inspector of Mines under Sec. 5(1) of the Mines Act received information that on 05.01.1996, when a gang of 17 loaders were engaged in loading coal at Junction-8, East Level of Two Dip, bottom section, Combined Seam, PK-1 Unit of Kusunda Colliery, Coal roof measuring about 7.6m x 6.1m x 0.20 m fell from the height of 2.8 m inflicting fatal injuries to four of them and five others received serious bodily injury whereas the remaining 8 loaders escaped unhurt. During inspection and inquiry by the complainant, following violations were found, which caused the accident: (i) in contravention of Systematic Support Rules framed and enforced under the provision of Regulation 108 of Central Mines Rules, 1957 read with Sec. 18(4) of the Mines Act, the accused persons namely Mahendra Kumar Gupta, Nageshwar Sharma, Binoy Kumar Mishra and Madhusudan Banerjee failed to support the place of occurrence as per the said Systematic Support Rules.