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1970 Supreme(Bom) 136

D.G.GATNE
RAMKISAN – Appellant
Versus
D. S. DHARMASTHAL – Respondent


JUDGMENT - The petitioner, who was the accused in the Court below, has been found guilty under section 21 (1) (iv) (c) read with section 92 of the Factories Act, 1948, and sentenced to a fine of Rs. 50 and fifteen days rigorous imprisonment in default and this conviction and sentence have been confirmed by the learned Additional Sessions Judge, Poona, in revision. The grievance of the petitioner is that the Courts below were in error in convicting him of the offence in question and in not properly considering his complaint filed under section 101 of the Factories Act.

2. The few facts, which it is necessary to note for the purpose of deciding this grievance, are that the petitioner-accused happens to be the manager of the Raja Bahadur Motilal Poona Mills Ltd., Poona, which is a factory as defined in section 2 (m) (i) of the Factories Act. On the night of October 27, 1966, a worker named Kantilal Babu was directly feeding cotton to the porcupine opener machine. When the machine stopped, the worker started cleaning the fluted rollers. While he was doing so, the machine suddenly started, with the result that the hand of the worker was caught into the rollers and crushed upto the wrist
















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