RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) RAM Gopal, Satbir and Rajinder have filed this appeal against the judgment of learned Additional Sessions Judge, Faridabad dated September 27, 1990 whereby they were convicted under Section 304-A read with Section 34 IPC and Section 429 IPC and sentenced to undergo rigorous imprisonment for one and a half years, pay a fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for three months under Section 304-A/34 IPC. They were sentenced to undergo rigorous imprisonment for one year, pay a fine of Rs. 500/- each and in default of payment of fine to further undergo rigorous imprisonment for 15 days under Section 429 IPC.

(2.) THE appellants were partners of a firm known as M/s. Golden Mines which took the contract of mining rights for excavating minerals from pit 19-A. These rights had been given to them by the Haryana Minerals Limited. The mines were inspected regularly by the mining Mate Beg Raj and the staff of Haryana Minerals. On November 8, 1987 and April 4, 1988 it was found that the north- eastern side was in a dangerous condition and was ordered to be closed. On April 28, the site was again inspected by Beg Raj who found that the eastern side had been watered. From this he inferred that excavation was going to be carried out in that portion and, therefore, he passed order not to excavate and closed that portion as well. However, inspite of this, the appellants did not stop the work and continued excavation. On the morning of May 6, 1988 when Chander and Chatri along with other labourers were mining from the northern- eastern side of pit 19-A, the portion caved in, as a result of which Chander and Chatri died and a mule was also lost. Case was initially registered under Section 304-A IPC but later on the one under Section 304 IPC.

(3.) THE main witnesses examined by the prosecution were Dr. Shashi Bala (PW 1) who conducted the post-mortem on the dead bodies of Chander and Chatri and gave the opinion that they had both died due to asphyxia after getting buried under debris. Dr. Satbir (PW 2) testified as regards the post-mortem on the dead body of the mule. Jitender Parshad, Mines Manager, Haryana Minerals appeared as PW 5, Ram Kumar Dass, Mining Engineer appeared as PW 6 and Beg Raj, Mining Mate appeared as PW 15. After closing of the prosecution evidence, various items of the prosecution evidence were put to the accused. The three appellants stated in their statement under Section 313 Cr.P.C. that the work of the mines was handled by Jamadar and Munshi. The appellants were partners of the firm but never visited the mines. Munshi used to give the accounts to another partner Brij Lal. They had no active control over the mines and never employed any one. The labourers who operated the mines chose the area of their choice and were paid on the basis of material produced and the quantity thereof. No witness was examined in defence.