2014 Supreme(Gau) 1022
M.R.PATHAK
Nirod Ranjan Deka – Appellant
Versus
State (GOVT. of Assam) – Respondent
Advocates:
For the Petitioner: S. Bharali, N. Dutta, Mr. B.M. Choudhury, Mr. S. Bharali, Mr. M. Das, N.K. Neog, Mr. A.K. Bhattacharyya, Mr. S.N. Sarma, Mr. K. Agarwal, Mr. D.K. Bhattacharyya and Mr. K. Kalita.
For the Respondent: Mr. S.C. Kayal.
1. The petitioner Sri Nirod Ranjan Deka, has filed this Criminal Revision Petition under section 401 read with section 397 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 20.4.2006 passed by learned Sessions Judge, Tinsukia in Criminal Appeal No. 41(3)/2005, by which the learned Appellate Court partly allowed the said Criminal Appeal of the accused petitioner and two others, set aside the order of conviction under section 72C(1)(a) of the Mines Act, 1952 for violation of the regulation 37(2) of the Oil Mines Regulations, 1984, upholding the conviction under section 72C(1)(a) of the Mines Act for violation of the regulation 20(4)(a) and 20(5) of the Oil Mines Regulations, 1984 and modified the sentence to the extent of payment of fine of Rs. 5,000 only, setting aside the sentence of rigours imprisonment for six months as imposed upon the petitioner by the learned Chief Judicial Magistrate, Tinsukia in CR Case No. 38C of 2002, directing the petitioner to pay the said fine amount of Rs. 5,000 within one month, observing that the entire fine amount to be realized from the petitioner be paid to the legal representative of the deceased.
2. Brief facts of t
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