STATE OF GUJARAT Vs. HASMUKH PUNJABHAI PATEL

JUDGEMENT

(1.) The State of Gujarat, appellant has filed this appeal under section 377 of the Code of Criminal Procedure for enhancement of sentence against the judgment and order dated 20th January, 1989, passed by the learned J.M.F.C., Anand, in Criminal Case No.5811 of 1988. The learned Judge by his impugned judgment has held that as per section 252, 241 of the Code of Criminal Procedure (hereinafter referred to as `the Code') read with sec.21(1)(4)(c) of the Act and read with sec.92 of the Act, imposed a fine of Rs.500/- to the accused in this behalf. The learned Judge found accused guilty of an offence under sec.252 of the Code.

(2.) It is a prosecution case that accused is running an industry under the name and style of "Oskar Industry" at Boriyavi, Tal.Anand, and accused is an occupier of the factory. The said industry is registered under section 2(M)(1) of the Act. It is a case of the prosecution that the Inspector of Factory, Nadiad filed a complaint on 28th May, 1988, before the learned Magistrate at Anand. In the said complaint it has been stated that the Factory Inspector has visited the factory of the respondent on 28th April, 1988. At the time of his visit, it has come to the knowledge that there was an accident in the factory on 24th April, 1988. It was further stated in the complaint that at that time the worker named Navinbhai Rathod lost his right hand from wrist. He therefore made inquiry and inspection and it was learnt that there was no proper safeguard or bending to cover the roller machine as a result of which the accident in question occurred. According to complainant the aforesaid action on the part of the respondent accused is an offence under sec.24(i)(c) of the Act.

(3.) According to complainant the said offence is punishable under Sec.92 of the Act. Sec.92 provides general penalty for offences. It provides penalty of Rs.5,000/- in case of an accident causing seriously bodily injury. Explanation to sec.92 provides that in this section and in s.94 `serious bodily injury' means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb or the permanent loss of, or injury to, sight or hearing, or the fracture of any bone, but shall not include the fracture of bone or joint (not being fracture of more than one bone or joint) of any phalanges of the hand or foot.