O R D E R

Leave granted.

Assailing the Judgment of conviction and sentence as awarded by the High Court, reducing the sentence for six months for the charges under Sections 279 and 304A of the Indian Penal Code with fine of Rs. 1000/-, the appellant has approached to this Court.

After hearing learned counsel for the parties at length and looking to the evidence brought on record and the findings as recorded by three courts, we are not inclined to interfere with the findings of fact proving the guilt of the appellant.

However, on the issue of sentence, we have perused the Signapture rNoot Vevrifieidsions of Sections 279 and 304A of IPC, wherein the sentence is Digitally signed by Jayant Kumar Arora Date: 2024.05.28 Reasonn: ot mandatory. The appellant has tasted the jail life by serving 9 days of sentence. Learned counsel for the appellant submits that he is ready to compensate the family of the deceased paying victim compensation, if any determined by the Court, within the time frame and urged to commute the sentence in lieu of payment of fine. We find substance in the argument as advanced by learned counsel for the appellant.

After hearing, we direct that under the head of victim compensation, the appellant shall pay lump sum amount of Rs. 2,00,000/- (Rupees Two Lakhs) in lieu of fine and accordingly, the sentence for both the charges as directed shall be commuted on such payment.

In view of the foregoing, this appeal is allowed in part. The conviction is maintained, while the sentence for both the charges stands commuted subject to payment of fine of Rs. 2,00,000/- (Rupees Two Lakhs) by the appellant within a period of three months. The appellant shall deposit the said amount before the trial court within the time as specified; which will be paid to the legal heirs/dependents of the deceased with the help of District Legal Services Authority.

On failure to comply the aforesaid direction, the sentence as directed by the High Court, would revive and to serve the same, the appellant shall surrender within two weeks, otherwise the trial court shall take steps to take him into custody for serving the sentence.

Pending interlocutory application(s), if any, is/are disposed of.

..........………............J. [ J. K. MAHESHWARI ]

..........………...........J.

[ SANJAY KAROL ]

New Delhi;

May 09, 2024.

ITEM NO.108 COURT NO.9 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 2741 of 2021 (Arising out of impugned final order dated 04.11.2019 passed by the High Court of Uttarakhand at Nainital in Crl. Revision No. 27 of

2012]

SURESH CHANDER GANGWAR Appellant(s)

VERSUS THE STATE OF UTTARAKHAND Respondent(s)

Date : 09-05-2024 This appeal was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Appellant(s) Mr. Joginder Tuli, Adv.

Mr. Ishan Kapoor, Adv. Ms. Joshini Tuli, Adv. Mrs. Gargi Khanna, AOR Mr. Lalit Khanna, Adv.

For Respondent(s) Mr. Akshat Kumar, AOR Mr. Ashutosh Sharma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in part in terms of the signed order.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA) (VIRENDER SINGH)

ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed order is placed on the file)