CR.A/535/1993 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 535 of 1993 For Approval and Signature: HONOURABLE MR.JUSTICE MD SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus MAHENDRABHAI M. SHAH - Opponent(s) ========================================================= Appearance : Mr.U.R.Bhatt for Appellant. MR PRASHANT G DESAI for Opponent. ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 30/07/2008 ORAL JUDGMENT 1. This appeal by the State of Gujarat for enhancement of sentence arises out of the judgment and order of CR.A/535/1993 2/5 JUDGMENT conviction and sentence passed by the learned Metropolitan Magistrate, Court no.4, Ahmedabad in Criminal Case no.902/1992 whereby the respondent-original accused came to be convicted for the offence punisable under Section 92 of the Factories Act and awarded sentence till rising of the Court and fine of Rs.15,000/-, in default, simple imprisonment for one month. 2. The brief facts of the prosecution case as emerging from the record are as under: 3. The respondent-original accused was the running a factory in the name and style of Metro Dyeing (India Ltd. Situated at Vatva, Ahmedabad. The complainant Factory Inspector visited the factory of the respondent-original accused on 17-12-1991, 31-12-1991 and 9-12-1991. It was found by the Factory Inspector that on 8-12-1991 two workers, namely, Bhagubhai Ramjibhai and Amrutbhai Jethabhai had died as they fell into the pit of Effluent Treatment Plant and got drowned. Accordingly, a complaint came to be lodged by the complainant on 3rd March, 1992, in the Court of the learned Metropolitan Magistrate, Court no.4, Ahmedabad and the case was registered as Criminal Case no.902 of 1992. It was alleged in the CR.A/535/1993 3/5 JUDGMENT complaint that no safety measures were taken by the accused persons as required under the Factories Act resutling in the said accidental death. 4. Before the learned Metropolitan Magistrate, Ahmedabad, the respondent-original accused filed purshis wherein he had pleaded guility to the charge and submitted that this was his first offence. He also submitted that due to riots prevailing in the city at that time his financial condition was also not sound and assured the Court that he would abide by the provisions of the Factories Act. It was also submitted by him that compensation was paid to the workers by the Company. 5. Taking into consideration the contents of the said Purshis, the learned Metropolitan Magistrate passed the judgment and order of conviction and sentence as stated in para-1 of this judgment. Hence, the present appeal by the State for enhancement of sentence. 6. Heard learned A.P.P. Mr. U.R.Bhatt for the appellant and Mr. Prashant Desai for the respondent-original accused. 7. Learned A.P.P. Mr. Bhatt for the State submitted that looking to the seriousness of the offence, the learned Magistrate has erred in awarding an inadequte setence which is not in consonance with the provisions of the Factories Act. He, therefore, prayed that the CR.A/535/1993 4/5 JUDGMENT sentence be enhanced 8. On the other hand, learned Advocate Mr. Prashant Desai submitted that the death in question was accidental in nature and therefore considering the fact that the originl accused had pleaded guilty to the charge and this being the first offence the sentence awarded is quite legal and proper which does not call for any interference. 9. This Court has gone through the entire record of the case including the judgment and order passed by the learned Metropolitan Magistrate, Ahmedabad. There is no dispute to the fact that the death in question is accidental in nature. The respondent-original accused has stated in his purshis that owing to the riots prevailing then in the city he is experiencing financial stringency; that he had paid compensation to the legal heirs of the deceased workers; that this was the first offence. Considering all these factors, the learned Metropolitan Magistrate, in my opinion, has rightly passed the judgment and order of conviction and sentence which is quite adequate and there is no case for enhancement of sentence. Suffice, it to say that the learned A.P.P. has failed to dislodge the reasonings adopted and the conclusions arrived at by the learned trial Judge. CR.A/535/1993 5/5 JUDGMENT 10. As a result, the appeal fails and is dismissed. (M.D.Shah,J.) lee.