- Court
- Supreme Court of India
- Decided
- 19 August 2015
- Bench
- Anil R. Dave, Kurian Joseph, Adarsh Kumar Goel
- Case no.
- Criminal Appeal No. 599 of 2010
- Result
- Appeal disposed of with directions.
Headnote
Sentence/Sentencing - Uphaar cinema case - Negligence of owners of cinema, Divisional Fire Officer-A 15 and others resulting ih death of 59 people - Conviction of A 15 for offences punishable uls. 304A read with s. 36 and ss. 337 and 338 rw s. 36 /PC -As regards sentencing of the accused, direction issued that accused to be sentenced to o undergo rigorous imprisonment for one year - However, in view of the advanced age of the accused, the diseases from which he is suffering and other peculiar facts and circumstances, on payment of Rs. 10 lakhs within three months, sentence to be reduced to the period already undergone - Said amount would be used on welfare schemes.
Headnote as published in the Digital Supreme Court Reports by the Supreme Court of India. Paragraph references point to the judgment below.
Judgment
ORDER
For the reasons to be recorded hereafter, we direct that A-15 Harsarup Panwar shall stand sentenced to tJndergo rigorous imprisonment for one year. However, having regard to advanced age and the diseases from which he is suffering, and other peculiar facts and circumstances, if he pays Rs.10 lakhs, then the sentence will stand reduced to the period already undergone. If he fails to pay the aforestated amount within three months from today, he shall undergo the sentence of one year, excluding the term which he has already undergone.
The aforestated amount shall be given by way of a demand draft to the Chief Secretary of De!hi Government for setting up a new trauma centre orfor upgrading the existing trauma centres of hospitals managed by the Government of NCT of Delhi.
Case details
Arising from
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 599 of2010
From the Judgment and Order dated 19.12.2008 of the Hon'ble High Court of Delhi at New Delhi in Criminal Appeal No. 4 of2008
Appearances
· Ram Jethmalani, Gopal Jain, Salman Khurshid, Sr.Advs., Vikas Agarwal, Madhukar, Vinay Arora, Sudarshan Singh Rawat, San jay Jain, Ms. Lata Krishnamurthy, Anirudh Anand, Somnath Gaur, Ajay Awasthi, Chirag Madan, Ms. P. R. Mala, Mohit D. Ram, Ms. Monisha Handa, Sanjay Narayan, Ms. ShabeenaAnjuna,Aseem Mehrotra,Abhijat P. Medh, Advs., with them for the Appellant.
K.T.S. Tulsl, Harish N. Salve, Sr.Advs., Jayant K. Mehta, A. Faraz Khan, Ms. Ambika Mehta, Ms. Priyanka Aggarwal, Ms. Mandarini Singh, Ms. Aparajita, T.A. Khan, (For 8. Krishna Prasad), Advs., with them for the Respondent.
Source: Supreme Court of India, Digital Supreme Court Reports, via the Indian Supreme Court Judgments open dataset (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.