MANZOOR AHMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN explosion took place on June 9, 1962, in the Fire Works Factory of M/s. Abdul Gani Mulabux, Jodhpur. Manzoor Ahmad and Mukhtiar Ali were the partners of the concern, in which crackers and other articles of fire works were manufactured. As a result of the explosion one labourer Gaffar was badly injured. He was taken to the Mahatma Gandhi Hospital, Jodhpur, for treatment. Mukhtiar Ali went to the hospital and removed Gaffar therefrom. Mukhtiar Ali kept Gaffar in the factory premises. Two days later the injured died. His dead body was taken to Chanod without delay and was secretary burried there Mukhtiar Ali took all these steps with a view to cause the relevant evidence of explosion to disappear. Neither Mukhtiar Ali nor Manzoor Ahmad furnished any information to the police regarding this occurrence. On June 16, 1962, S. H. O. , Raghunath Singh of the Police Station, Sardarpura, through some secret source, came to know that an explosion had occurred in the above factory and that one labourer Gaffar had been hurt. He recorded the information in his diary and commenced investigation. The site was inspected by the police and after the investigation was over, Manzoor Ahmad and Mukhtiar Ali were challened in the Court of Additional Munsif Magistrate No. 2, Jodhpur City under secs. 304 and 201 I. P. C. as also under sec. 5 (9) and (b), read with sec. 8 of the Indian Explosion Act, 1884. Learned Magistrate scrutinised the relevant papers and after ascertaining that as there was no prima facie case against the accused for an offence under sec. 304 I. P. C. , he dropped charge under that section. The magistrate, however, conducted trial under the rest of the aforesaid provisions of law. Charges were read over and explained to the accused to which they pleaded not guilty. In support of its case the prosecution examined 24 witnesses. In his statement, recorded under sec. 342 I. P. C. , Manzoor Ahmad denied to have committed any offence. The accused Mukhtiar Ali also in his statement under Sec. 342, Cr. P. C. made a total denial of the offences with which he was charged. The accused examined three witnesses in their defence. The trial court acquitted Mukhtiar Ali of all the charges. He also acquitted Manzoor Ahmad of offences under sec. 201 I. P. C. and sec. 8 of the Indian Explosives Act, 1884. He however convicted him under sec. 5 (3) (c) of the Indian Explosives Act and sentenced him to pay a fine of Rs. 51/ -. AN appeal was taken against that judgment to the Court of learned Sessions Judge, Jodhpur, but the same was dismissed, on November 29, 1967. Hence this revision.

(2.) CONTENTION of learned counsel for petitioner is that sec. 5 of the Indian Explosives Act, 1884, would came into operation only when the accused is charged with the contravention of any of the Rules. The charge-sheet framed against the petitioner does not mention any specific rule for the contravention of which the petitioner could be held guilty. What is mentioned in the charge sheet is that the terms No. 10 and 13 of the licence had been contravened, and as there is no provision in the Act that the breach of the terms of the licence is punishable, the accused under sec. 5 (3) (c) of the Indian Explosives Act, 1884.