Madras High Court
The State Of Tamil Nadu vs S.Sankaran on 23 July, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.A.No.925 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.A.No.925 of 2024
The State of Tamil Nadu,
Rep.by the Deputy Director of Industrial Safety and Health,
(Formerly Inspector of Factories),
Ariyalur. ... Appellant
Vs.
S.Sankaran ... Respondent
PRAYER : Criminal Appeal filed under Section 378 Cr.P.C, to call for the
records in S.T.C.No.14 of 2016 on the file of the Chief Judicial Magistrate,
Perambalur and set aside the judgment of the said Court dated 07.09.2018,
by allowing the appeal.
For Appellant : Mrs.G.V.Kasthuri
Additional Public Prosecutor
_________
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https://www.mhc.tn.gov.in/judis
Crl.A.No.925 of 2024
JUDGMENT
This appeal has been filed challenging the judgment dated 07.09.2018 passed in S.T.C.No.14 of 2016 on the file of the Chief Judicial Magistrate, Perambalur.
2. The gist of the case is that the Factory of the respondent/accused is situated at Survey No.12/14A & 14B, Agaram Segur Village, Kunnam (TK), Perambalur District and the respondent/accused is doing the manufacturing of Fireworks and Crackers under the name and style of Manikkammal Fire Works and the working shed was constructed by a hollow block and it was stored with finished cracker and unfinished crackers, mixed chemical powders in diluted conditions/state. Due to high temperature, pressure and humidity in the environment, the crackers and then mixed chemical powders reached self-combustion temperature and got blasted on 08.01.2016 at 10.50 p.m. This dangerous accident leads to the demolition of the entire working shed and it came to the knowledge of the _________ Page 2 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 Deputy Director of Industrial Safety and Health, Ariyalur, by Dinakaran newspaper on 10.01.2016. The Deputy Director of Industrial Safety and Health, Ariyalur, had verified the news with Mangalamedu Police Station and enquired about the accident through phone call and made a spot inspection on 10.01.2016 at 02.30 p.m., in the factory and found that there was no worker and occupier/Manager in the factory premises and took a photo of the damaged factory through his mobile. The Deputy Director of Industrial Safety and Health, Ariyalur, had enquired the occupier about the factory license, manner of the accident and the number of workers employed in the Factory and found that the Factory was unregistered under the Factories Act, 1948 and there were four workers worked on 06.01.2016. On noticing the violation of the mandatory provisions of the Factories Act, 1948 and the Tamil Nadu Factories Rule, 1950, by the Occupier and the Manager, the appellant has filed the complaint on 23.03.2016 under Section 105 of the Factories Act, 1948, before the learned Chief Judicial Magistrate, Perambalur, for the contravention of Section-7AA and Section 87 Rule 95 Schedule XXIV Item 12-A, Section 87 Rule 95 Schedule XXIV Item 10(g), _________ Page 3 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 Section 87 Rule 95 Schedule XXIV Item 10(f) of the Factories Act, 1948, (Amended Act, 1987) and the Tamil Nadu Factories Rules, 1950 and it was taken on file and numbered as S.T.C.No.14 of 2016 by the learned Chief Judicial Magistrate, Perambalur.
3. Before the trial Court, the appellant/complainant examined herself and marked 14 exhibits. None were examined on the side of defence and no exhibits were marked. On appreciation of materials before it, the trial Court, under judgment dated 07.09.2018, acquitted the respondent. Challenging the same, the present appeal has been filed.
4. The learned Additional Public Prosecutor appearing for the appellant submits that the respondent has not provided the required facilities to the employees which leads to fire accident and thereby, has violated the provisions of the Factories Act and the trial Court has failed to consider the main aspects of Section 85(1) of the Factories Act, 1948, which prescribes that " the State Government may by notification in the official gazette _________ Page 4 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 declared that all or any of the provisions of this Act shall apply to any place wherein a manufacturing process is carried on with or without the aid of the power or is so ordinarily carried on notwithstanding that (i) the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power and (ii) the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with such owner". However, without obtaining licence from the concerned Authority under the Factories Act, the respondent/accused was running the factory for manufacturing the fireworks and crackers and the respondent had not submitted any report about the insurance of a sum of Rs.50,000/- paid each for the four workers employed in his factory. The trial Court, overlooking the above facts has acquitted the accused and therefore, the present appeal has been preferred.
5. Heard the learned Additional Public Prosecutor appearing for the appellant.
_________ Page 5 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024
6. Time and time again, the scope and power of the High Court to interfere with an order of acquittal recorded by the trial court has been highlighted by the Supreme Court and recently in Babu Sahebagouda Rudragoudar & Ors. – Vs – State of Karnataka (C.A. No.985 of 2010 – dated – 19.04.2024), the Supreme Court had captured the ratio succinctly, which have to be followed in an appeal against an order of acquittal and for refreshing the law, the same is quoted hereunder :-
"37. This Court in the case of Rajesh Prasad v. State of Bihar and Anr. (2022 (3) SCC 471) encapsulated the legal position covering the field after considering various earlier judgments and held as below: -
“29. After referring to a catena of judgments, this Court culled out the following general principles regarding the powers of the appellate court while dealing with an appeal against an order of acquittal in the following words: (Chandrappa case [Chandrappa v. State of Karnataka, (2007) 4 SCC 415] “42. From the above decisions, in our considered view, the following general principles regarding powers of _________ Page 6 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 the appellate court while dealing with an appeal against an order of acquittal emerge:
(1) An appellate court has full power to review, reappreciate and reconsider the evidence upon which the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no limitation, restriction or condition on exercise of such power and an appellate court on the evidence before it may reach its own conclusion, both on questions of fact and of law.
(3) Various expressions, such as, “substantial and compelling reasons”, “good and sufficient grounds”, “very strong circumstances”, “distorted conclusions”, “glaring mistakes”, etc. are not intended to curtail extensive powers of an appellate court in an appeal against acquittal. Such phraseologies are more in the nature of “flourishes of language” to emphasise the reluctance of an appellate court to interfere with acquittal than to curtail the power of the court to review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused. Firstly, the presumption of innocence is available to him under the fundamental principle of _________ Page 7 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. Secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.”
38. Further, in the case of H.D. Sundara & Ors. v.
State of Karnataka (2023 (9) SCC 581) this Court summarized the principles governing the exercise of appellate jurisdiction while dealing with an appeal against acquittal under Section 378 of CrPC as follows: -
“8.1. The acquittal of the accused further strengthens the presumption of innocence;
8.2. The appellate court, while hearing an appeal against acquittal, is entitled to reappreciate the oral and documentary evidence;
8.3. The appellate court, while deciding an appeal against acquittal, after reappreciating the evidence, is required to consider whether the view taken by the trial court is a possible view which could have been taken on the basis of the evidence on record;
_________ Page 8 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 8.4. If the view taken is a possible view, the appellate court cannot overturn the order of acquittal on the ground that another view was also possible; and 8.5. The appellate court can interfere with the order of acquittal only if it comes to a finding that the only conclusion which can be recorded on the basis of the evidence on record was that the guilt of the accused was proved beyond a reasonable doubt and no other conclusion was possible.”
39. Thus, it is beyond the pale of doubt that the scope of interference by an appellate Court for reversing the judgment of acquittal recorded by the trial Court in favour of the accused has to be exercised within the four corners of the following principles:-
(a) That the judgment of acquittal suffers from patent perversity;
(b) That the same is based on a misreading/omission to consider material evidence on record;
(c) That no two reasonable views are possible and only the view consistent with the guilt of the accused is possible from the evidence available on record.
40. The appellate Court, in order to interfere with _________ Page 9 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 the judgment of acquittal would have to record pertinent findings on the above factors if it is inclined to reverse the judgment of acquittal rendered by the trial Court.” (Emphasis Supplied)
7. Thus, from the aforesaid proposition of law, it is beyond a cavil of doubt that the power of this Court is not curtailed or limited, as it is within its realm to reappreciate the evidence available on record to render a finding. However, in reappreciating the evidence, this Court has to see whether the view taken by the trial court could not be taken by any prudent man on appreciating the materials available before it. If the view taken by the trial court, considered overall on the materials placed, is just and reasonable that the view taken by the trial court is on proper appreciation of the materials, the High Court cannot interfere with the acquittal on the ground that another view is possible.
8. In light of the above legal principles enunciated by the Apex Court, this Court will now proceed to analyse the evidence on record to find _________ Page 10 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 out whether the view arrived at by the trial court is based on the materials available on record or whether there are materials, which warrants grant of leave by this Court.
9. On appreciation of materials, the trial Court found that the prosecution has not proved that persons were employed in the accused company through documents. After the occurrence, PW-1, in the report, stated that four male persons were employed and there was no electrical items and machines. Further, it was also stated that it was a newly established company. Though the prosecution has relied upon Ex.P4 - confession of accused to establish that the accused himself had stated that four employees were working in his company on 06.01.2016, the same was denied by accused stating that Ex.P4 was prepared by PW-1 and the accused was asked only to put his signature. However, in the reply statement Ex.P7, the accused has stated that as and when situation warrants, some persons would be employed in his company and there was no permanent worker in his company. Further, the accused had also obtained proper permission from _________ Page 11 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 the concerned authority for manufacturing crackers and he has also enclosed the necessary documents in respect of the same along with Ex.P7. On the above finding, the trial Court has come to the conclusion that the prosecution has failed to establish its case through proper documents and accordingly, acquitted the accused. This Court does not find any reason to interfere with the finding of the trial Court.
10. Accordingly, this Criminal Appeal is dismissed.
23.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Chief Judicial Magistrate, Perambalur _________ Page 12 of 13 https://www.mhc.tn.gov.in/judis Crl.A.No.925 of 2024 M.DHANDAPANI, J.
ssb Crl.A.No.925 of 2024 23.07.2024 _________ Page 13 of 13 https://www.mhc.tn.gov.in/judis