STATE OF GUJARAT Vs. DILIPKUMAR DAHYABHAI PATEL

JUDGEMENT

(1.) This acquittal appeal by the State is directed against the Judgment of the learned Sessions Judge, Jamnagar, rendered on 11th August 1983 in Criminal Appeal No. 64 of 1982.

(2.) That Appeal was directed against the conviction of the respondents being the owner and the manager of the factory run in the name and style of "Jayant Extraction" in the town of Jamnagar, recorded by the learned J.M.F.C., Jamnagar on 22nd March 1982 in Criminal Case, bearing Nos. 2715 and 2716 of 1980. The two respondents are herein referred to as 'the accused or accused persons'. They were sentenced to pay fine in the sum of Rs. 1,000.00 each and in default to suffer simple imprisonment for a period of one month.

(3.) The facts of the case are really alarming. It so happened that on 4th August, 1980 two labourers viz. Pushparaj Arumukham and Natraj Kandshyama had to attend to the work of cleaning of the boiler located in the aforesaid factory, in the afternoon but they in fact at above 8-00 O'clock in the morning started attending to such work. Both of them did the drudging work of ash by means of shovels and thereafter they entered the room of boiler. They just went near the boiler fleu and they started drawing ash which had collected in the boiler flue. That layer gave way and fell upon both the labourers. Natraj received burns on one of his hands and both his legs, whereas Pushparaj received burns on both of his hands, on his chest, waist and also on his legs. Pushparaj succumbed to his injury on 8th August 1980 at about 10-00 a.m. The factory was visited by the Inspector on 11th August 1980 and 30th August 1980. He came to know about the incident in question and ultimately he had lodged complaint against both the accused by virtue of Sec. 36(5) of the Factories Act, 1948 (Act No. 63 of 1948) (hereinafter referred to as "the Act").