STATE Vs. N KRISHNAN

JUDGEMENT

(1.) STATE has filed this appeal against the order of acquittal made by the Chief Judicial Magistrate. Nagercoil in C.A.No.l6(A) of 1983.

(2.) THE respondent-accused was charged for violation of Rules 48(2), 82(1) and 82(1)(b) read with Rule 82-A, Tamil Nadu Plantations Labour Rules, 1955 and read with Sec.36 of the Plantations Labour Act, 1951 in S.T.C.No. 107 of 1982 on the file of the Judicial Second Class Magistrate, Nagercoil and he was convicted for both the offences and sentences to pay a fine of Rs. 100 under each count, in default, to undergo rigorous imprisonment for two weeks. Aggrieved with the conviction and sentence, the accused filed C.A.No.16(A) of 1983 on the file of the Chief Judicial Magistrate, Nagercoil, who allowed the appeal and acquitted the accused of all the charges. Against which the State has preferred this appeal.

(3.) THE prosecution has examined P.W.1 and marked Exs.P.l to P-5. THE accused examined one Shahul Ahmed. THE accused pleaded not guilty and also pleaded that the prosecution has been launched beyond the period of limitation as provided under Sec.40 of the Act. After trial the accused was found guilty and he was convicted and sentenced as stated above. On appeal by the accused, the Chief Judicial Magistrate, Nagercoil C.A.No.l6(A) of 1983, he was acquitted. Hence the State appeal.