Judgement

GROVER, J. :- This is an appeal by special leave in which the main question for decision is whether the appellants were rightly convicted for offences under Sections 304A and 337 of the Indian Penal Code.

2. The facts lie within a narrow compass. The appellants held licences under the Indian Explosives Act, 1884, hereinafter called the Act, and the Rules framed thereunder to manufacture, possess and sell fire works and gun-powder not exceeding 200 pounds and to possess and sell safety fuses. It appears that the appellants had a factory for manufacturing explosives in a house on Shad Road in Latur town. It is said that an explosion occurred in that place on May 5, 1962 at about 12 O clock as a result of which 11 persons died and 7 persons were injured. The appellants along with one B. G. Kamble were tried for offences under the various provisions of the Act and the Rules as also for offences under Sections 304-A and 337 of the Code. The trial Judge acquitted B. G. Kamble but convicted the appellants of the various charges framed against them and imposed fine for offences under the provisions of the Act and awarded a sentence of one year under S. 304A and three months under S