STATE OF KARNATAKA Vs. SHIVAKUMAR DUNDAPPA HUMBARWADI

JUDGEMENT

(1.) The State has preferred this appeal aggrieved by the impugned judgment dated 28.2.2011 passed in C.C.No.998/2017 by the IV Additional J.M.F.C., Belgaum, (for short hereinafter referred to as the trial Court ) acquitting accused Nos.1 and 2 for the offence punishable under Section 92 of the Factories Act, 1948 (for short the Act ).

(2.) Brief facts of the case are that PW1 being the Deputy Director of Factories lodged the private complaint under Section 200 Cr.P.C. before the trial Court against accused Nos.1 and 2 for commission of the of fence under 92 of the Act and the Rules. The trial Court took cognizance of the of fence and directed investigation of the matter. The Investigating Off icer fi led charge sheet against the accused for the above said offence al leging that accused No.1 being the owner and accused No.2 being the Manager of the Factory, were negl igent in not providing protection/safety instruments to the workmen who are engaged in dangerous operations which has resulted in the death of the workmen by name Ningappa Balappa Naik and thereby committed the of fence under Section 92 of the Act.

(3.) Accused Nos.1 and 2 appeared before the trial Court and pleaded not guilty for the charges leveled against them. The prosecution examined P.Ws.1 to 8 and got marked Exs.P.1 to 24 in support of its contention. Accused denied all the incriminating materials available on record, but have not chosen to lead any evidence in support of their defence. The trial Court after taking into consideration all these materials on record, came to the conclusion that the prosecution is not successful in proving the guilt of accused beyond reasonable doubt and therefore, acquitted both the accused persons for the aforesaid offences vide Judgment dated 28.02.2011.