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16. Statements of a large number of witnesses relevant to the fire incident, its causes and effects were also recorded by the investigating agencies from time to time culminating in the filing of a common chargesheet against 16 persons accusing them of commission of several offences punishable both under the Indian Penal Code, 1860 as also under the provisions of the Cinematograph Act, 1952. What is important is that while accused A-1, A-2, A-12, A-13 and A-14 were charged with commission of offences punishable under Sections 304A, 337, 338 read with Section 36, IPC and Section 14 of the Cinematograph Act, 1952, accused A-3 to A-8 comprising the management and gatekeeper of the Cinema were charged with commission of offences punishable under Sections 304, 337, 338 read with Section 36, IPC and Section 14 of the Cinematograph Act, 1952. The employees of DVB namely Inspectors B.M. Satija (A-9), A.K. Gera (A-10) and Senior Fitter, Bir Singh (A-11) were also charged with the commission of offences punishable under Sections 304, 337 and 338 read with Section 36 of the IPC. As regards the remaining three accused namely, N.D. Tiwari (A-

14), H.S. Panwar (A-15) and Surender Dutt (A-16), they were charged with commission of offences punishable under Sections 304A, 337, 338 read with Section 36 of IPC.

17. Since some of the offences with which the accused persons were charged were triable by the Court of Sessions, the case was committed for trial to Additional Sessions Judge, New Delhi, who framed specific charges against Sushil Ansal (A-1), Gopal Ansal (A-2) and the rest of the accused.

18. Sushil Ansal (A-1) and Gopal Ansal (A-2), who happen to be brothers, were charged with offences punishable under Sections 304A read with Section 36 and Sections 337 and 338 read with Section 36 IPC for their negligent acts of omission and commission of allowing installation of the DVB transformer, various structural and fire safety deviations in the building in violation of various Rules and not facilitating the escape of patrons which caused the death of 59 persons and simple and grievous injuries to 100 others in the fire incident mentioned above. They were also charged under Section 14 of the Cinematograph Act, 1952 for contravention of the provisions of the Delhi Cinematograph Rules, 1953 (hereinafter referred to as ‘DCR, 1953’) and Delhi Cinematograph Rules, 1981 (hereinafter referred to ‘DCR, 1981’).

(ix) Eye witness accounts established the presence of fire and hot smoke in the ground floor from 5.05 pm to 6.20 p.m. and the presence of smoke in the balcony even as late as 5.45 p.m. when the Chief Fire Officer removed 3 persons from the balcony.

37. The High Court on the above findings upheld the conviction of Sushil Ansal (A-1) and Gopal Ansal (A-2). It also upheld the conviction of H.S. Panwar (A-15) for offences punishable under Sections 304A, 337 and 338 read with Section 36 of the IPC but reduced the sentence awarded to them under Section 304A to one year rigorous imprisonment without interfering with the fine imposed by the Trial Court. The High Court also reduced the sentence awarded to the aforementioned three appellants under Section 337 to three months rigorous imprisonment and under Section 338 to one year rigorous imprisonment with the direction that the sentences shall run concurrently including the sentence awarded to Ansal brothers (A-1 and A-2) under Section 14 of the Cinematograph Act for which too the said two accused persons were convicted.

38. As regards the conviction of Manmohan Uniyal (A-8) gatekeeper, B.M. Satija (A-9) DVB Inspector and Bir Singh (A-11) Senior Fitter DVB, the High Court altered the same from Section 304 Part II read with Section 36 IPC to Sections 304A , 337 and 338 read with Section 36 IPC. The sentence awarded to them was accordingly reduced to two years rigorous imprisonment with a fine of Rs.2,000/- under Section 304A, 6 months rigorous imprisonment with a fine of Rs.500/- under Section 337 and one year rigorous imprisonment with a fine of Rs.1,000/- under Section 338 with a default sentence of four months. The sentences were directed to run concurrently.