J. J. IRANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned senior counsel for the petitioners and the learned counsel for the State.

(2.) This revision is directed against the Judgment dated 16 th May 2005, passed in Criminal Appeal No. 182 of 1999 by the learned Sessions Judge, East Singhbhum, Jamshedpur, whereby, the appeal filed against the Judgment of conviction and Order of sentence dated 4.10.1999 passed in C/2 Case No. 663 of 1991 / T.R. No. 553A of 1999 by Sri B. C. Jha, learned Judicial Magistrate, 1 st class, East Singhbhum, Jamshedpur, convicting and sentencing the petitioners for the offence under Section 92 of the Factories Act, 1948 (hereinafter referred to as the 'Act'), has been dismissed with modification in the sentence by the learned Appellate Court below. It may be stated that the Trial Court below had convicted the petitioners for the offence under Section 92 of the Act and upon hearing on the point of sentence, sentenced them to undergo simple imprisonment for two years each and to pay the fine of Rupees One Lakh each and in the event of default in making the payment of fine, the petitioners were directed to undergo the enhanced imprisonment for six months. The Appellate Court below, while confirming the judgment of conviction passed by the trial Court, modified the sentence to the extent that substantive sentence of two years imprisonment was set aside, but the fine of Rupees One Lakh each was maintained and it was directed that the fine, if realized, shall be paid to the widow of the deceased workman.

(3.) The petitioner No.1, Dr. J. J. Irani was the Occupier and the petitioner No.2, Sri P. N. Roy was the Manager of the factory, namely, TISCO Ltd., situated in Jamshedpur. On 14.3.1991 at about 12 Noon, a fatal accident took place in S.M.S-3 inside the TISCO works, when some scrap materials suddenly fell down from a railway bogie, commonly known as 'Gandola', in course of movement on the rails and one Shunting Jamadar namely, Sagar Sinku was crushed under the weight of the scrap materials, who was standing by the side of the railway track and was giving signal to the loco Driver. The said workman died at the spot. The Management of the TISCO informed the Inspector of Factories, who reached at the site of the accident at about 2 P.M. and conducted his enquiries. After conducting the due enquiry under the Provisions of the Act, a complaint petition was filed in the Court of the Chief Judicial Magistrate, Jamshedpur, which was registered as C/2 No. 663 of 1991.