Sikri, J. - (1.) This appeal by special leave is directed against the judgment of the Patna High Court allowing the appeal filed by the State Government and convicting the appellant, Mohd. Usman, under Section 5 (3) (a) of the Indian Explosives Act, 1884 (IV of 1884) - hereinafter referred to as the Act - and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 2,000, in default to undergo rigorous imprisonment for a further period of six months. The High Court, however, agreed with the Magistrate that the appellant could not be held guilty under Section 304A, I. P. C. The High Court did not find the two other accused persons, Abdul Rahman and Abdul Aziz, guilty, and State appeals against them were dismissed.
(2.) The prosecution case, in brief, is that an explosion occurred in appellant's factory at Matkuria, P. S. Dhanbad, on April 28, 1960. As a result of the explosion Kashi Bhokta, Gobardhan Bhokta and Mohan Bour died. On that day, the appellant, who manufactures fireworks, had allowed minors (under 16 years of age) , viz., Kashi Bhokta, Guhi Bhokta, Gobardhan and Subhas Chamar to work in the manufacture of fireworks, thus contravening Rule 16 of the Explosives Rules, 1940 - hereinafter referred to as the Rules - made under the Act, and had thereby committed an offence punishable under Section 5 (3) (a) of the Act. The High Court, disagreeing with the Magistrate who tried the case, held that "the three minor boys Kashi, Guhi and Subhas, were employed and Gobardhan, in any event, was allowed to enter the premises licensed under the Rules for manufacture of explosives" in contravention of Rule 16, and convicted the appellant as already stated.
(3.) Section 5 (3) of the Act reads thus: "Any person contravening the rules made under this section shall be punishable- (a) if he imports or manufactures any explosive in such contravention with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both; (b) if he possesses, uses, sells or transports any explosive in such contravention, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both; and (c) in any other case, with fine which may extend to one thousand rupees." Rule 16 of the Explosives Rules provides: "16. Children and intoxicated persons-No child under 16 years of age and no person who is in a state of intoxication shall be employed on the loading, unloading or transport of explosives, or be employed in or allowed to enter any premises licensed under these rules." ;