RAVINDRA MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition has been filed by the applicants against the judgment and order dated 17.9.2007 passed by Sessions Judge Korba, in Criminal Appeal No. 33/2005 affirming the judgment and order dated 14.12.2005 passed by Chief Judicial Magistrate, Korba in Criminal Case No. 1102/2002 convicting the applicants for the offence punishable under Sections 304-A and 337 IPC and sentencing each of them to undergo RI for six months with fine of Rs. 500/- u/s 304-A and pay fine of Rs. 300/- u/s 337 IPC, plus default stipulation.

(2.) Case of the prosecution in brief is that applicant Ravindra Mishra was the contractor and the mining work was to be carried out under the supervision of applicant Lala Ram. It is alleged that on 31.5.2002 about 8-10 labourers were engaged in excavation work for taking out stone from Thakurdia hillock situate at Ghatadavari and while the said work was being carried out, there was a landslide on account of which one Kalesh Ram suffered injuries whereas the other one namely Brijlal got buried to death. Allegation against the applicants herein is that they did not provide the safety equipments to the workers and it is for their negligence only the mishap took place resulting in the death of Brijlal and injuries to Kalesh Ram. Offence under section 304-A read with Section 34 IPC was registered against the applicants and after investigation the charge-sheet was filed by the police. Trial Court however framed the charge against them for the offence under Sections 304-A and 337 IPC.

(3.) In order to hold the accused/applicants guilty, the prosecution examined as many as nine witnesses. Statements of the accused/applicants were also recorded under Section 313 of the Code of Criminal Procedure where they denied their guilt and pleaded innocence and false implication in the case. One Dwarika Prasad (DW-1) has also been examined by the defence in support of its case.