STATE OF GUJARAT Vs. KAMLESHBHAI NATVARLAL MODI

JUDGEMENT

(1.) THE present appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 2.6.2008 passed by the learned Metro Magistrate Court No. 23, Ahmedabad in Criminal Case No. 1384 of 2008 whereby the respondents -accused has been acquitted of the charges under Section 92 of the Factories Act,1948.

(2.) BRIEF facts of the prosecution case are that the respondent - accused is owner of the factory running in the name and style of Parikh Enterprise Ltd., registered under Section 2(m)(i) of the Factories Act. On 16.12.1999, an incident was taken place wherein one worker received injuries and during the course of treatment, he succumbed to the injuries. Therefore, respondent - accused committed offence under Section 92 of the Factories Act. On these facts, the complaint was filed before the Court against the respondents. Against the respondent, charge -sheet came to be filed before the learned trial Court. At the time of the trial, evidence was led before the trial Court. The documents were produced and oral evidence of the witnesses was also recorded by the trial Court and after considering the oral as well as documentary evidence, the learned Magistrate has passed the order of acquittal which is impugned in this appeal.

(3.) IT was contended by the learned APP Mr. M.G. Nanavati for the appellant that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. He has also argued that the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.