STATE OF GUJARAT Vs. AJIT V DESAI, MANAGER

JUDGEMENT

(1.) The present Appeal has been filed by the State, under Section 378(1)(3) Cr. P.C., against the Judgment and order dated 18.11.2000, rendered in Criminal Case No.19 of 1997 by the learned Additional Chief Judicial Magistrate, Valsad. The said Criminal case was registered against the present respondent (original accused) for the offence punishable under Section 33(1) of the Factory Act, 1948. The said Judgment of the trial Court has been challenged by the State on the ground that the same is against the law and evidence on record.

(2.) According to the prosecution case on 5.1.1995 in the morning at about 5.00 O'clock Operator Sitaram Akal Radhar and Helper (worker) Hiroz Yadav were working in 595 Chest Division in Rozin Cooker and Alum Tank of the factory of the accused. To prepare a Guvar Gum in the Rozin Cooker, the operator Sitaram had filled up water through quick acting valve. After filling up the water in Rozin Cooker Sitaram asked Hiroz to close the cold water valve. Helper Hiroz tried to close the valve through his leg and lost balance of his body and fell down in the Alum Tank and received serous burn injuries and ultimately he died on 8.1.1995. Thereafter, the complaint has been filed against the present respondent under Section 33(1) of the Factory Act.

(3.) On completion of investigation, charge-sheet was filed against the respondent. Plea was recorded. Thereafter the trial was conducted, evidence was recorded and the statement of the respondent accused, under Section 313 of the Cr.P.C. was recorded. At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Magistrate vide impugned Judgment, acquitted the respondent accused. The said Judgment and order has been challenged by the appellant State.