A.K. Sikri, J. - (1.) An unfortunate incident occurred in PK-1 Unit of Kusunda Colliery, Dhanbad (Jharkhand) on 05.01.1996 at about 06:40 AM when a gang of seventeen loaders was engaged in loading coal at Junction 9, East Level of Two Dip, Bottom Section. Combined Seam of the aforesaid unit of the Colliery, coal 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. This mishap resulted in the death of four persons and serious bodily injuries to five persons whereas remaining eight loaders escaped unhurt. On reporting of this accident, Director of Mines Safety, Dhanbad (Jharkhand) (respondent No.2 herein) commenced inquiry/investigation on 06.01.1996 under Section 23(2) of the Mines Act, 1952 (hereinafter referred to as the 'Act'). Based on the inquiry report dated 12.02.1996 submitted by respondent No.2, a complaint was filed by him before the learned Chief Judicial Magistrate, Dhanbad against the following employees of Kusunda Colliery: (i) Mahendra Prasad Gupta, General Manager (ii) Nageshwar Sharma, Additional General Manager (iii) Madhusudan Banerjee, Agent (iv) Binoy Kumar Mishra, Manager (v) Shankar Prasad Mukherjee, Underman (vi) Saheed Akhtar Khan, Overman (vii) Ambika Singh, Mining Sirdar
(2.) Out of the aforesaid seven accused persons, first four are the public servants. In the complaint, prosecution for non-cognizable offences punishable under Sections 72A, 72C(1)(a) and 72C(1)(b) of the Act was sought. The trial court took cognizance of this complaint. Trial started with the examination of prosecution witnesses. In conclusion of their depositions, statements of the accused persons under Section 313 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') were recorded. This trial culminated into judgment dated 09.03.2007 passed by the trial court convicting all the accused persons under the aforesaid provisions. 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) coupled with the direction that all the sentences would run concurrently. For default of payment of fine, additional rigorous imprisonment for six months was also imposed.
(3.) The accused persons filed criminal appeals against the aforesaid conviction and sentence before the sessions court. These appeals were dismissed vide judgment dated 03.09.2014. Mahendra Prasad Gupta, Nageshwar Sharma, Madhusudan Banerjee and Binoy Kumar Mishra preferred separate criminal revisions challenging the judgment of the sessions court which were taken up together by the High Court and the High Court has maintained the conviction and sentence by dismissing the said criminal revision petitions vide common judgment dated 29.07.2016. It is this judgment which is challenged by means of these four appeals preferred by the aforesaid four accused persons.;