STATE OF M P Vs. S P MATHUR
LAWS(MPH)-1969-11-8
HIGH COURT OF MADHYA PRADESH
Decided on November 06,1969

STATE OF MADHYA PRADESH Appellant
VERSUS
S.P.MATHUR Respondents

JUDGEMENT

- (1.) THIS is an appeal by the State Government, Madhya Pradesh, against the order of acquittal dated 14-3-1966 of the Court of the Magistrate First Class, Katghora, The respondents S. P. Mathur and K. K. Sharma, Agent and Manager, respectively, of the Banki Colliery, were prosecuted for contravention of Regulations 89 (i) (c), 87 (3) (c), 87. (9) (b), 113 and 168 read with Regulation 190 of the Coal Mines Regulations of 1957, and it was alleged against them that the said contraventions constituted offences punishable under Section 72 (c) (i), A. and C. of the Mines Act, 1952.
(2.) THE prosecution case was that on 17-11-64 two loaded tubs were hauled up without attaching a drag or other proper contrivance behind the last tub. When these tubs were hauled up the haulage plane to some distance, the second tub got uncoupled and ran down the plane and struck the buffer provided on the haulage track. As a result of the impact, the said buffer along with its ground stone in which it was fixed and its props were dislodged and were thrown to some distance from their original position as a result of which three persons who were employed as general mazdoors for removing stones from the face and collecting them near the buffer, received fatal injuries and died, and five others, who were similarly employed, sustained minor injuries.
(3.) THE learned Magistrate, Katghora, on trial came to the conclusion that the respondents had contravened the Regulation No. 89 (I) (c) only but he did not convict the accused for the breach of the said Regulation because the complaint was barred by time. Feeling aggrieved by the said order of acquittal, the State has filed this appeal.;


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