[2015] 12 S.C.R. 771
HARSARUP PANWAR
v.
STATE OF DELHI THROUGH CBI
(Criminal Appeal No. 599 of 2010)
AUGUST 19, 2015
[ANIL R. DAVE, KURIAN JOSEPH AND
ADARSH KUMAR GOEL, JJ]
A
B
Sentence/Sentencing -
Uphaar cinema case - c
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 E
undergone -
Said amount would be used on welfare
schemes.
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
F
· Ram Jethmalani, Gopal Jain, Salman Khurshid, Sr.Advs.,
G
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.
H
771
772
SUPREME COURT REPORTS
[2015] 12 S.C.R.
A 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,
B Ms. Mandarini Singh, Ms. Aparajita, T.A. Khan, (For 8. Krishna
Prasad), Advs., with them for the Respondent.
c
The following Order of the Court was delivered
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,
D 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
E 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
F trauma centres of hospitals managed by the Government of
NCT of Delhi.
Nidhi Jain
Appeal disposed of with directions.
Lex