PUBLIC PROSECUTOR Vs. PASRANGANAYAKALU CHETTY

JUDGEMENT

(1.) Appeal under Section 417 of the Criminal P. C. against the acquittal of accused in C.C. No. 1077 of 1925 on the file of the Court of the Sub-Magistrate, Salem Town (Criminal Appeal No. 91 of 1925 on the file of the Court of the Sub-Divisional Magistrate, Salem).

(2.) The accused was charged under Secs.249 and 338, Madras Act V of 1920 for using a rice mill within three miles of Salem Municipality without license.

(3.) The learned Magistrate has acquitted accused for two reasons both of which are unsound. He thinks that machinery likely to be dangerous to human life within the terms of Schedule V (q) of the Act is confined to machinery dangerous to the outside public. It would be a queer machine in a factory that jeopardised the passerby; and of course human life means the life of any person whether he be within or without the premises of the factory. The Health Officer has, clearly deposed that the factory, is dangerous to health and it is difficult to understand why the Magistrate goes out of his way to argue round that fact. A factory may still be un wholesome though it neither emits a smell nor breeds bacteria.