LAW FOR ALL

Insofar as Madhusudan Banerjee is concerned, no doubt, he was an ‘agent’ and, therefore, was directly responsible to ensure that safety measures are taken. However, we find that he retired from service 15 years ago. He is 75 years of age and is suffering from various ailments, including heart disease. He met with an accident in October 2016 and fractured his hip bone because of which he is confined to bed and cannot even go to toilet without help. Keeping in view the aforesaid circumstances in respect of these two appellants, we are of the opinion that the interest of justice would be subserved by imposing the sentence of fine only. Conviction under Section 72A of the Act entails maximum imprisonment of six months or with fine which may extend to Rs.2,000/-, or with both. Likewise, Section 72C(1)(a) stipulates imprisonment which may extend to two years or with fine which may extend to Rs.5,000/- or with both. Section 72C(1)(b), likewise, prescribes maximum imprisonment of one year or with fine which may extend to Rs.3,000/-, or with both. The sentences imposed by the trial court are modified in respect of these two appellants by substituting the sentence of maximum fine prescribed under the aforesaid provisions, which would be Rs.2,000/-, Rs.5,000/- and Rs.3,000/- respectively. In the result, appeals filed by Binoy Kumar Mishra (Criminal Appeal No. 246 of 2017) and Madhusudan Banerjee (Criminal Appeal No. 249 of 2017) are partly allowed to the extent of sentence only, as mentioned above.