N.W.SAMBRE,J. - (1.) 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.;