- (1.) LEARNED Additional Sessions Judge No.2, Bhilwara Camp at Gulabpura by the judgment and order dated 15.5.1998 affirmed the judgment and order dated 3.6.1995 passed by learned Judicial Magistrate, Asind convicting the petitioner for the offence punishable under Section 304-A IPC and sentencing him to undergo six months' simple imprisonment with a fine of Rs.2000.00 and further to undergo one month simple imprisonment in the event of default in payment of fine.
(2.) THE facts necessary to be noticed are that the petitioner was having a mine in operation where certain labourers were working. Adjacent to the mine of the petitioner an another mine too was in operation, wherefrom certain ore was excavated and due to pressure of that the mine under control of petitioner collapsed, resulting into death of one labour Shri Harji. A First Information Report of the incident was registered at Police Station Badnor and after regular investigation, a police report was filed before the competent court charging the petitioner for commission of offence punishable under Section 304-A IPC. The trial court on basis of evidence on record convicted and sentenced the petitioner. An appeal preferred by the petitioner also came to be rejected by the appellate court vide judgment impugned. The only submission of learned counsel for the petitioner is that the learned courts below failed to appreciate that the mine concerned met with accident due to excessive excavation and collection of debries from adjacent mine and not due to any negligence on the part of petitioner, as such, the conviction recorded is bad.
(3.) I do not find any merit in the argument advanced.;