Harsarup Panwar Versus State Of Delhi Through CBI
[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] 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 · 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.
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. The following Order of the Court was delivered
ORDER
c 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.