[1] This is an appeal by the State Government, Madhya Pradesh, against the acquittal of respondent Maganbhai.

[2] The Patel Oil Mills, Akola, is a factory within the meaning of Section 2 (m) , Factories Act, 1948 (hereinafter called the Act). The respondent, Maganbhai was the occupier of this factory as denned in Section 2 (m). W. J. Thete worked as the manager at the material time. He died during the pendency of the trial.

[3] Sri A. P. Varkhedkar, Inspector of Factories, Madhya Pradesh, inspected the Patel Oil Mills on 13 September 1950. He noticed certain irregularities which he recorded in his inspection report. A complaint against respondent and Thete was filed on 30 October 1950 in the Court of Magistrate, First Class, Akola.

[4] The case of the prosecution was that the transmission machinery was not securely fenced. There was breach of Section 21, punishable under Section 92 of the Act. Workers were allowed to work without proper entries of their names and other particulars being made in the register of adult workers. This constituted a breach of Section 62, punishable under Section 92 of the Act. There was also a failure to maintain the register of leave wages with th