Bihar MLA Raju Kumar Singh was sentenced to four years’ jail by Delhi’s Rouse Avenue Court for the death of Dr Archana Gupta in a 2018 celebratory firing. The court also ordered him to pay Rs 25 lakh compensation to the victim’s husband.
The Rouse Avenue Court on Saturday sentenced Bihar MLA Raju Kumar Singh to four years’ imprisonment in connection with the death of Dr Archana Gupta in a celebratory firing incident during a New Year’s Eve party on December 31, 2018.
The court also directed Singh to pay compensation of Rs 25 lakh to the victim’s husband, Vikas Gupta. Special Judge Vishal Gogne sentenced Singh to four years’ imprisonment under Section 304 Part II of the Indian Penal Code for culpable homicide not amounting to murder. The court also sentenced him to two months’ imprisonment under the Arms Act.
The court further directed that Singh would undergo an additional sentence of three months if he failed to pay the compensation awarded to the victim’s husband. The detailed sentencing order is yet to be uploaded. Since Singh has been sentenced to imprisonment exceeding two years, he may face disqualification as an MLA under the law unless the sentence is stayed by the High Court.
Defence Seeks Leniency
The court had on July 3 reserved its order on the quantum of sentence after hearing submissions from both sides. During the hearing on sentencing, Singh sought release on probation of good conduct. His counsel submitted that he had never been convicted in any criminal case and is a six-time MLA.
Referring to the probation officer’s report, senior advocate Nandita Rao submitted that Singh is on bail in one case granted by the Patna High Court, has been acquitted in another case, while a third case is pending before a court. She further submitted that Singh’s wife, Renu Singh, had informed the probation officer that her husband had never been sent to jail in any case, which, according to the defence, reflected the absence of any past conviction.
The defence argued that the incident was an accident arising out of a negligent act. It submitted that Singh’s family members were also present on the dance floor and that there was no confirmation as to whose bullet struck the victim. According to the defence, only two rounds were fired in the air, and they were not aimed at anyone.
It was further argued that Singh neither influenced nor intimidated any witness during the course of the investigation or trial. The defence also submitted that Singh has a family, aged parents and a good record. It urged the court to consider that he has served his constituency with dedication as a six-time MLA and argued that a sentence exceeding two years would result in the loss of his Assembly seat. The court was requested to provide him an opportunity for reform by awarding a sentence of less than two years. Advocate Rajiv Mohan appeared along with advocates Rishabh Bhati and Rehan Khan for the convict.
The defence further argued that Singh did not possess scientific knowledge regarding the trajectory of the bullet. It submitted that the bullet’s path depends on the angle at which it is fired and explained that, according to the principles of physics, a bullet fired at a 45-degree angle travels farther than one fired vertically at a 90-degree angle. It was argued that Singh did not know how the bullet would behave after being fired into the air. The defence reiterated its request that the court award a sentence of less than two years in view of Singh’s future.
MLA’s Personal Plea
When allowed to address the court before sentencing, Singh stated that he had not committed any wrongful act in his life. “I have done nothing wrong to date. I am a social man and live in society. The deceased was the wife of my brother’s friend. I used to call her Bhabhi. I pray that the court takes a lenient view,” Singh told the court.
Prosecution Opposes Leniency
Opposing the plea for leniency, the prosecution argued that the victim, 45-year-old Dr Archana Gupta, had many years of life ahead of her. The public prosecutor submitted that the incident occurred in the presence of the victim’s 12-year-old daughter and husband, who witnessed blood oozing from her head, causing lifelong trauma. The prosecutor argued that the accused ought to have exercised proper precautions.
The prosecution further submitted that the firing took place near the dance floor and described celebratory firing as a growing menace in the country. It argued that Singh had no threat perception while he was in Delhi and yet carried his firearm.
The prosecution also alleged that after the incident, the victim’s clothes and mobile phone were concealed and recovered later. It further alleged that Singh fled the scene and was apprehended on the Kushinagar highway. According to the prosecution, the blood-stained clothes were discarded on the highway after being washed, and DJ personnel had supported these allegations in their statements.
The prosecution argued that the case reflected a situation where “a lawmaker became a lawbreaker” and submitted that Singh, being a six-time MLA, was fully aware of the law. It contended that granting probation would send a wrong message to society.
The prosecutor also argued that Singh had shown no respect for the law and made every effort to evade the legal process. It was further submitted that neither Singh nor his wife visited the victim after the incident, which, according to the prosecution, reflected inhuman conduct. (ANI)
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