JIVANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) Having regard to the facts and circumstances of the case, particularly the fact that the appellant was the Manager and not the owner of the factory, we are of the opinion that the sentence of rigorous imprisonment for six months and a fine of Rs. 75,000. 00 imposed by the High court in exercise of its powers under Section 377 of the Criminal Procedure Code, for the conviction recorded against the appellant under Section 92 of the Factories Act is unduly harsh. At the same time we feel that the trial court was also not justified in imposing a fine of Rs. 750. 00 only while convicting the appellant on his plea of guilt. Striking a balance, we set aside the substantive sentence and reduce the fine of Rs. 20,000. 00, which shall be deposited by the appellant in the trial court within six weeks. In default of payment of fine, the appellant shall suffer simple imprisonment for six months. The entire fine, ifrealised, shall be paid to Ramaji Yavan Rami, the worker of the factory who sustained injuries in the accident which led to the prosecution of the appellant. We place on record that the above payment will be without a prejudice to the right of the worker to claim other compensations to which he may be entitled.

(3.) The appeal is thus disposed of.