STATE OF GUJARAT Vs. G M PARIKH

JUDGEMENT

(1.) This appeal by the State of Gujarat for enhancement of the sentence is directed against impugned judgment and order dated 5th June, 1996 rendered in in Criminal Case No.4304/1990 by the Learned Learned Judicial Magistrate, First Class, Ankleshwar, wherein the respondent-accused, who came to be tried for the alleged offences under Section 92 of the Factories Act, 1948 (for short "the Act"), on pleading guilty was convicted for the same and sentenced to pay of Rs.10,000/-, in default, to undergo R.I. for 1 month.

(2.) The brief facts of the prosecution case are as under;

(3.) According to Mr.K.U. Mistry, the Factor Inspector, on 21st, 22nd, 23rd, 27th and 30th August, 1990, when he visited 'Ashok Organic Industries Ltd.' at 318-319, G.I.D.C. Ankleshwar, Bharuch at about 2:15 hours, one worker named Babu Methew had met with fatal accident while on work and died on 11.08.1990. Thus, according to the Factor Inspector, the respondent-accused has committed breach of Section 37(4) of the Factories Act, which is punishable under Section 92 of the said Act.