Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 337 338 rlw s. 36 - Criminal 1860 - >S. 304-A Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Penal Code, 1860 - >S. 304-A, 337, 338 rlw s. 36 - Criminal negligence - Uphaar· tragedy case - Review petition - Seeking modification of the sentence awarded to the accused- Al (Sushi/ Ansal) and A2 (Gopal Ansal) - On fac{s, High Court upheld the conviction of A I and A 2 u/ss. 304-A, 337 and 338 read withs. 36 however, reduced the sentence u!s. 304-A to one year rigorous imprisonment - In appeal before this Court, Thakur, J. upheld the sentences awarded - However, Misra, J. opined that sentence awarded by the High Court needs to be enhanced to the maximum period of two years u!s. 304-A but in lieu of additional period of sentence of one year, the substantial amount of fine to be imposed for public purposes - Considering the age of A 1, sentence already undergone by A 1 treated as sufficient -Al and A2 to pay Rs. 50 crores each in lieu of enhanced sentence of one year - On Reference to three judge Bench, the view of Misra, J. upheld but the fine reduced to Rs 30 crores each - In view of age related complications of Al, period already undergone sufficient in case he pays Rs. 30 crores - On principle of parity, same benefit extended to A 2 though he did not have any age related complications - Review of the said order- Held: Per Kurian, J. (for Got:oi, J. and ltimselj): Imposition of expiatory fine in addition to incarceration would also serve the penological/ purpose of deterrence having regard also to recidivism - Having regard to the wide discretion available to the court u/s. 304-A, and the High Court and this Court, in appeal, had limited the imprisonment to one year, the punishment which would serve deterrence and public purpose by both imprisonment and exemplary fine, would be an appropriate punishment - In view of the gravity of the offence and the illegal gains made by accused, fine imposed to the tune of Rs.60 crores not excessive and would be used for public purpose - Prayer for review of sentence of Al rejected - A2 s sentence of one year imprisonment maintained but is also sentenced to afine of Rs. 30 crores - Per Goel, J.: Order of the Court to be seen as a whole and cannot be split into different sentences - Operative part of the order shows that the Court has tried to balance the interest of justice and while holding that sentence was required to be enhanced, it was added that in lieu of additional period of enhanced sentence, substantial amount of fine was required to be imposed and the fine was to be utilized for setting up of or upgrading the trauma centres of the Delhi Government hospitals - There is neither any illegality nor any impropriety warranting review of said order passed by this Court. |
Judge | N/A |
Neutral Citation | 2017 INSC 123 |
Petitioner | Association Of Victims Of Uphaar Tragedy |
Respondent | Sushil Ansal And Another |
SCR | [2017] 1 S.C.R. 614 |
Judgement Date | 2017-02-09 |
Case Number | 712-714 |
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