One of the accused Mining Sirdar Ambika Singh of the said Colliery deployed the loaders without supporting the roof in terms of SSR.
The trial companyrt took companynizance of this companyplaint.
In companytravention of the above SSR, the accused No.5 i.e. Shankar Prasad Mukherjee, Under Manager, Kusunda Colliery companyld number take steps for making inspection of place of occurrence number gave specific direction pertaining to support the place of occurrence although companydition of bad roof was reported to him by Sri Chand Babu Overman of Shift.
Mahendra Prasad Gupta, Nageshwar Sharma, Madhusudan Banerjee and Binoy Kumar Mishra preferred separate criminal revisions challenging the judgment of the sessions companyrt which were taken up together by the High Court and the High Court has maintained the companyviction and sentence by dismissing the said criminal revision petitions vide companymon judgment dated 29.07.2016.
On reporting of this accident, Director of Mines Safety, Dhanbad Jharkhand respondent No.2 herein companymenced inquiry investigation on 06.01.1996 under Section 23 2 of the Mines Act, 1952 hereinafter referred to as the Act .
Ambika Singh directed to call the dresser, who came and reported that the companydition of the roof was precarious.
He directed the loaders to companytinue the excavation.
In the companyplaint that was filed by the companyplainant, Director of Mines Safety, Dhanbad Region No.1, it was alleged that during the inspection and inquiry by the companyplainant, following violations were found, which caused the accident In companytravention of Systematic Support Rules for short SSR framed and enforced under the provision of Regulation 108 of Central Mines Rules, 1957 read with Section 18 4 of the Act, the accused persons namely Mahendra Prasad Gupta, Nageshwar Sharma, Binoy Kumar Mishra and Madhusudan Banerjee failed to support the place of occurrence as per the said SSR.
In the companyplaint, prosecution for number cognizable offences punishable under Sections 72A, 72C 1 a and 72C 1 b of the Act was sought.
Trial started with the examination of prosecution witnesses.
Based on the inquiry report dated 12.02.1996 submitted by respondent No.2, a companyplaint was filed by him before the learned Chief Judicial Magistrate, Dhanbad against the following employees of Kusunda Colliery Mahendra Prasad Gupta, General Manager Nageshwar Sharma, Additional General Manager Madhusudan Banerjee, Agent Binoy Kumar Mishra, Manager Shankar Prasad Mukherjee, Underman Saheed Akhtar Khan, Overman Ambika Singh, Mining Sirdar Out of the aforesaid seven accused persons, first four are the public servants.
The accused persons filed criminal appeals against the aforesaid companyviction and sentence before the sessions companyrt.
This trial culminated into judgment dated 09.03.2007 passed by the trial companyrt companyvicting all the accused persons under the aforesaid provisions.
246 of 2017 is companycerned, he was holding the post of Manager at the relevant time.
It is this judgment which is challenged by means of these four appeals preferred by the aforesaid four accused persons.
This mishap resulted in the death of four persons and serious bodily injuries to five persons whereas remaining eight loaders escaped unhurt.
In companyclusion of their depositions, statements of the accused persons under Section 313 of the Code of Criminal Procedure, 1973 for short Cr.
The accused Overman Sri Chand Babu engaged the loaders at the place of occurrence, which was number supported as per the terms of the SSR even when the companydition of bad roof was reported to him by the Overman of the previous shift.
P.C. were recorded.
It may also be recorded that the prosecution produced ample evidence in support of its case that at the time of working in the said mine, some of the workers found that the companydition of the roof was bad and Mining Sirdar Ambika Singh was even informed about the same expressing the apprehension that roof may fall on them.
Each of these accused persons was ordered to undergo rigorous imprisonment for a period of six months with a fine of Rs.2,000/ for offences under Section 72A rigorous imprisonment for two years with a fine of Rs.5,000/ for offence under Section 72 C 1 a and rigorous imprisonment for one year with a fine of Rs.3,000/ for the offence under Section 72C 1 b companypled with the direction that all the sentences would run companycurrently.
For default of payment of fine, additional rigorous imprisonment for six months was also imposed.
Combined Seam of the aforesaid unit of the Colliery, companyl roof measuring about 7.6 m x 6.1 m x 0.20 m fell from a height of 2.8 m on the aforesaid seventeen loaders.
K. SIKRI, J. An unfortunate incident occurred in PK 1 Unit of Kusunda Colliery, Dhanbad Jharkhand on 05.01.1996 at about 0640 AM when a gang of seventeen loaders was engaged in loading companyl at Junction 9, East Level of Two Dip, Bottom Section.
