Pandey, J.-

l. The respondent. N. K. Bhattacharya, working manager of the Steel Melting Shop. Bhilai Steel Works, Bhilai, was tried far, and convicted of an offence punishable under section 92 of the Factories Act, 1948, for failing to properly maintain a lifting tackle in contravention of clause (a) (ii) of section 29 (1) of the Act and he was sentenced by Magistrate First Class, Durg, to pay a fine of Rs. 250/- or to undergo, in default, simple imprisonment for one month. However, in the appeal preferred by him, he was acquitted. The Slate Government have filed this appeal against his acquittal.

2. The material facts, which are established by evidence and also admitted by the respondent, are these. On 13 October 1961, when the permanent Manager of the Steel Melting Shop, Bhilai Steel Works, was on leave and the respondent was working as the Manager, there was an accident. As usual, molten metal is conveyed from the furnace to the ladle through a launder. This launder is provided with four lugs casted in it. A lifting tackle with four chains hooking the four lugs of the launder is used to lift it up for taking it to another furnace. It transpired that one of the chains had b