N.W. Sambre, J.

Learned Adhoc Additional Sessions Judge, Aurangabad, vide judgment and order dated 27th February, 2004 dismissed the appeal being Criminal Appeal No. 7 of 2002 preferred by the present applicant, confirming the conviction and sentence recorded by learned Chief Judicial Magistrate, Aurangabad in Summary Criminal Case No. 80303 of 1998 on 16th January, 2002, whereby present applicant, in exercise of powers under Section 255(2) of the Code of Criminal Procedure, for an offence under Section 32(c), punishable under Section 92 of the Factories Act, 1948, was ordered to suffer rigorous imprisonment for a month and fine of Rs.60,000/-, in default, to suffer rigorous imprisonment for 15 days by learned Chief Judicial Magistrate.

2. Present revision is directed against the above referred conviction.

3. The facts as are necessary for deciding present revision are as under : Deceased Ajit Ganpatrao Gaikwad was working as Boiler Attendant in M/s. Aurangabad Breweries Limited, of which, present applicant was working as Manager. In an fatal accident of 19th July, 1998 at about 615 a.m., said Ajit Gaikwad fell from the platform, which had no side support, resulting into his death. It is claimed that present applicant, in the capacity of Manager, has failed to provide fencing or otherwise ensured safety of the person working i.e. deceased Ajit and as such, committed an offence under Section 32(c), punishable under Section 92 of the Factories Act, 1948.

4. The offence came to be registered pursuant to the complaint lodged by Ramesh Venkatrao Jadhav, who, at the relevant time, was working as Joint Director, Industrial Safety and Health at Aurangabad. He claimed to be Inspector under Section 8 of the Factories Act and the factory i.e. M/s. Aurangabad Breweries Ltd., came to be registered under the Factories Act and upon receiving an information of fatal accident on 19th July, 1998, he visited the said factory for inquiry purpose. According to him, he made inquiry with coworkers of the deceased Ajit namely Shivaji Gadekar, Process Technician, Rajan Pille, Electrician and Eknath Giri, Canteen Contractor and recorded their statements, pursuant to the provisions of Section 9 of the Factories Act. In the inquiry under Section 9 of the Factories Act, according to him, it revealed that the deceased Ajit was employee of the factory of the accused as Boiler Attendant Ist class and as per instructions of Shivaji Gadekar, Process Technician, deceased Ajit went on RCC Plant which is situated at the height of 16 feet from ground level for opening steam supply valve for releasing the steam to the process house. It is then claimed that overhead RCC platform situated at the height of 16 feet is connecting two Sections i.e. Boiler and Refuseration.

It is then claimed that from the articulate platform, the deceased was required to walk 30 feet to reach the valve after walking on the pipe line laid on MS channels, which are created on RCC platform for about 10 feet and while doing so, he fell from open south side of RCC platform on the ground floor from the height of 16 feet, received serious head injuries and he was removed to Kamalnayan Bajaj Hospital, Aurangabad for treatment, where he succumbed to serious injuries at 1030 a.m. It is then claimed that platforms, on which, deceased Ajit made to work, were not secured from both sides, as there was no fencing, railings of suitable heights, to prevent the fall. It is then claimed that, as such, the present applicant has contravened the provisions of Section 32(c) of the Factories Act.

5. Said Ramesh Jadhav, Factory Inspector, filed complaint against the applicant-accused on 14th October, 1998 and proved the same by adducing evidence in support of contents thereof. He forwarded inquiry report with covering letter dated 1st August, 1998 to the accused by R.P.A.D., which is at Exhibit-19, contents of the inquiry report were proved at Exhibit-20, a show cause notice came to be issued to the accused