STATE Vs. N K MALHOTRA & OTHER

JUDGEMENT

(1.) This Criminal Appeal on behalf of State of U.P. has been filed against judgment and order dated 8.5.1986 passed by Chief Judicial Magistrate Rae Bareli whereby the accused-respondents were acquitted form the charges levelled against them under Section 92 of Factory Adhiniyam in Criminal case No. 326 of 1984.

(2.) In short the prosecution story reveals that one Binda was Karamdar in Bhawani Paper Mills, Rae Bareli. It is alleged that there was no guard fixed in the Cardon Shaft, therefore the clothes of Binda were encircled in shaft and he died. Said incident took place in midnight of 9.12.1983 and Factory Inspector inspected the spot on 14.12.1983 and found the absence of guard there. Factory Inspector made a complaint to the court concerned and after examining the witnesses court came to the conclusion that case against the opposite parties were not proved beyond reasonable doubt and acquitted them thus the present appeal.

(3.) After going through the record, it was found that the appeal was filed beyond time of limitation and it has been submitted by the opposite parties that it was intended to harass them because it was not filed within a reasonable point of time.