Ravi Nath Verma, J. - (1.) All the four revision applications arising out of the same judgment of affirmation of the conviction and sentences were heard together and are being disposed of by this common judgment.
(2.) Invoking the revisional jurisdiction of this Court under Section 397 read with 401 of the Code of Criminal Procedure (in short "the Code "), the petitioners of all the four revision applications have prayed for setting aside the judgment dated 03.09.2014 passed by learned Sessions Judge-Dhanbad in Criminal Appeal nos. 73 of 2007, 74 of 2007 and 76 of 2007 whereby and where under the judgment of conviction and sentence dated 09.03.2007 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.M.A. Case no. 357 of 1996 has been affirmed.
(3.) The prosecution case, which is based on a complaint filed at the instance of the complainant - Director of Mines Safety, Dhanbad Region No.1, C.M.A. no. 357 of 1996 was instituted with the allegation that the complaint being the Inspector of Mines under Section 5(1) of the Mines Act received information that on 05.01.1996, when a gang of 17 loaders were engaged in loading coal at Junction-8, East Level of Two Dip, bottom section, Combined Seam, PK-1 Unit of Kusunda Colliery, Coal roof measuring about 7.6m x 6.1m x 0.20 m fell from the height of 2.8 m inflicting fatal injuries to four of them and five others received serious bodily injury whereas the remaining 8 loaders escaped unhurt. During inspection and inquiry by the complainant, following violations were found, which caused the accident: (i) in contravention of Systematic Support Rules framed and enforced under the provision of Regulation 108 of Central Mines Rules, 1957 read with Section 18(4) of the Mines Act, the accused persons namely Mahendra Kumar Gupta, Nageshwar Sharma, Binoy Kumar Mishra and Madhusudan Banerjee failed to support the place of occurrence as per the said Systematic Support Rules. (ii) in contravention of the above Systematic Support Rules, the accused No.5 i.e. Shankar Prasad Mukherjee Under Manager, Kusunda Colliery could not take step for making inspection of place of occurrence nor gave specific direction pertaining to support the place of occurrence although condition of bad roof were reported to him by Sri Chand Babu-Overman of Shift. (iii) the accused-overman Sri Chand Babu engaged the loaders at the place of occurrence, which was not supported as per the terms of the Systematic Support Rules even when the condition of bad roof was reported to him by the over man of the previous shift. (iv) one of the accused Sardar Ambika Singh of the said Colliery deployed the loaders in the face without supporting the roof in terms of Systematic Support Rules. Hence, the above noted contraventions constitute offences, which are punishable under Section 72 (A) and since the above contraventions resulted in loss of lives of four persons and serious bodily injuries to 5 persons, the accused persons are severally and vicariously liable for punishment under Section 72(c)(1)(a) and 72(c)(1)(b) respectively of the Mines Act, 1952. After the accident, an inquiry was conducted by competent authority and during inquiry, 21 persons including injured labourers were examined. Inquiry Report was marked as Ext.-5. ;