RAMSEVAK YADAV Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 08.05.2014, passed by the learned Principal Sessions Judge, Pakur in Cr. Appeal No.25/2013, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 17.06.2013, passed by learned ACJM, Pakur in O.C.R. Case No.01/2009 (T.R. No.671/2013), whereby the petitioner has been found guilty for the offence punishable under section 92 of the Factories Act and was convicted and sentenced to undergo imprisonment for one year with fine of Rs. 1,000/- and in default of payment of fine, he was further directed to undergo SI for one week, has been sustained.

(2.) The prosecution case in brief, as contained, in the complaint petition (Ext.-4 and 5) of the complainant (P.W.1) Binit Kumar Singh, Factory Inspector, Sahibganj is that; on 30.10.08 while, he inspected the factory of the petitioner, which was running on Sidhpahari, found that one Uday Shankar Yadav, being clerk of the said factory was present. The said factory was running by diesel engine, in which, stones were being broken in small pieces and stone chips were prepared and in course of inspection, he found certain irregularities such as said factory was not registered as per section -6 of the Factory Act and Rule-4 of the Jharkhand Factory Rules and further the factory was running with the help of 15 labourers, which comes under the purview of section 2M(1) of the Factory Act, for which, map and approval has not been sanctioned by Chief Factory Inspector, Jharkhand, Ranchi, which violated the provision of section-6 of the Factory Act and Rule-3 of Jharkhand Factory Rules, which is punishable under section 92 of the Factory Act.

(3.) The accusation levelled against the petitioner was explained to him for which he pleaded not guilty and sent up for trial.