STATE OF GUJARAT Vs. HARIKRSHNA AGRAWAL

JUDGEMENT

(1.) THE present appeals, under Section 378 of the Code of Criminal Procedure, 1973, are directed against the judgment and order of acquittal dated 05.04.2003 passed by the learned Additional Sessions Judge, Bhavnagar, in Criminal Appeal Nos. 26/2001 to 29/2001, whereby the learned Sessions Judge has quashed and set aside the judgment and order of conviction and sentence dated 17.07.2001 passed by the learned trial Judge in Criminal Case No. (New) 2 of 2000 to 5 of 2000 and acquitted the respondent -accused from the charges levelled against him.

(2.) THE brief facts of the case of prosecution is that on 28th, 29th and 30th January, 1989 and 2nd February, 1989 complainant Factory Inspector visited the factory of the accused to inquire about the fatal fire accident which took place on 28th January, 1989 at 6.00 a.m. It is alleged that at the time of inspection on 28th January, 1989 at 6.00 a.m., the gas cutting work was going on in the ship, at that time there was fire in the oil tank as a result of which five labourers were severely burnt and died on the spot. The some labourers lost their lives on account of the negligence of the accused in not taking proper care for the discharge of vapours. Therefore, the complainant lodged complaint against the accused -respondent for the offences punishable under Sections 37(4) and 38(1) of the Factories Act and Rules 2(7) and 3(1) of Schedule -24 of the Gujarat Factories (Amendment) Rules, 1987. Thereafter, after investigation, the Police filed charge -sheet against the accused in the Court of learned Magistrate.

(3.) AT the end of trial, after recording the statement of the accused under Section 313 of Criminal Procedure Code, and after hearing the arguments on behalf of the prosecution and the defence, the learned Magistrate has acquitted the accused of all the charges levelled against him by judgment and order dated 17th July, 2001 in Criminal Case Nos. 2 of 2000 (new) to 5 of 2000 (new).