STATE OF MAHARASHTRA Vs. SAMPATLAL NONSUKH BOTHARA

JUDGEMENT

(1.) THE State has come in appeal against the order of sentence passed against the present respondent, the Original Accused, in Summary Case Nos. 4073/77, 4071/77 and 4072/77 for enhancement of the sentence of fine of Rs. 5/- levied by the learned Chief Judicial Magistrate, Ahmednagar.

(2.) AS in all these three appeals the Appellant-accused is the same and the contravention alleged is also same, they are being disposed of by a common judgment.

(3.) BRIEFLY stated facts giving rise to these three appeals are that on 9-2-1977 Factory Inspector visited Bothara Engineering Works, a factory belonging to the present Respondent and found that Jaywant Pund, Sudhakar Shinde and Murlidhar Karale were working in the factory but their names were not entered as workers in the register as required by section 62 of the Factories Act. The Factories Inspector, therefore, filed three separate complaints in respects of each of the workers in the Court. The learned Chief Judicial Magistrate on strength of the evidence before him found that the complainant proved that the present Respondent had contravened the provisions of section 62 of the Factories Act and, therefore, have committed an offence punishable under section 92 of the Factories Act and accordingly convicted the present Respondent. The learned Chief Judicial Magistrate, however, sentenced him only to pay a fine of Rs. 5/- in each case holding that it was a technical offence. Being aggrieved by the said order, the State has come in appeal seeking to enhance the sentence awarded to the present respondent.