STATE OF GUJARAT Vs. ISHWARBHAI HARKHABHAI PATEL

JUDGEMENT

(1.) This appeal for enhancement of sentence by the State of Gujarat, is directed against the impugned judgment and order of sentence dated 21-8-1991, rendered in Criminal Case No. 838 of 1991, by Shri N. C. Chaudhari, the learned J.M.F.C., Idar, wherein the respondent-Ishwarbhai Harkhabhai Patel, who came to be tried for the alleged offence punishable under Sec. 21(l)(i)(iv)(c) read with Sec. 92 of the Factories Act, 1948, on his pleading guilty came to be convicted for the same and sentenced to pay fine of Rs. 2,000.00 and in default, to undergo S.I. for 20 days.

(2.) According to Mr. S. G. Patel, Factory Inspector, Ahmedabad, when he visited "Shri Sardar Patel Regional Oil Seeds Growers' Co-operative Union Limited" at Idar on 30-4-1991, it came to his notice that on 22-4-1991 at 9-05 hours, a serious accident had taken place wherein one Manoj Maganbhai Katara, an employee working in the said factory sustained injury as a result of which his left hand was cut off right from elbow, as it got entangled in the conveyor belt of the machine. On the basis of this fact, the Factory Inspector filed a complaint on 26-6-1991 against the respondent before the learned Magistrate, Idar for the aforesaid offences alleged against him. On the summons being served upon the respondent, he appeared before the Court by filing appearance of his learned Advocate Mr. K. M. Parmar. Thereafter on 21-8-1991, the respondent submitted a purshis Exh. 5 stating therein (i) that the alleged offence against him was his first offence, (ii) that he will not repeat the same in future, and (iii) that the lenient view be taken in the matter of sentence. Immediately thereafter, on the very day, this plea of guilty by the accused came to be recorded wherein he pleaded guilty and prayed for the mercy. The learned Magistrate accepting the said plea, convicted the respondent for the aforesaid alleged offences and sentenced to pay fine of Rs. 2,000/-, as stated above in para 1 of this judgment, giving rise to the present appeal for the enhancement of sentence.

(3.) Mr. K. C. Shah, the learned A.P.P, while challenging the impugned order of sentence submitted that the same on face of it was quite illegal and unjust being contrary to the statutory minimum sentence of fine of Rs. 5000.00 as provided in Sec. 92 of the Act. Mr. Shah making good the above submissions has invited attention of this Court to the said Sec. 92 of the Act. in particular the proviso to the said Section which reads as under : "92. General penalty for offences :- Save as it otherwise expressly provided in this Act and subject to the provisions of Sec. 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this Act or of any rules made thereunder or of any order in writing given thereunder, the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to (two years) or with fine which may extend to (one lakh rupees) or with both, and if the contravention is continued after conviction, with a further fine which may extend to (one thousand rupees) for each day on which the contravention is so continued :