A Delhi court on Saturday sentenced Bihar BJP MLA and former minister Raju Kumar Singh to four years of rigorous imprisonment in a case of culpable homicide not amounting to murder arising from celebratory firing that claimed the life of Dr Archana Gupta during a New Year party on December 31, 2018.
The Rouse Avenue Court also directed him to pay a compensation of ₹25 lakh to the husband of the deceased and imposed a two-month jail term under the Arms Act. The court of Special Judge Vishal Gogne further ordered that Singh shall undergo an additional three months of imprisonment if the compensation amount is not paid within the stipulated time.
#WATCH | Delhi: Rouse Avenue Court sentenced Bihar MLA Raju Kumar Singh to 4-year imprisonment in a case of death due to celebratory firing during the new year party on December 31, 2018. The court has also directed to pay a compensation of Rs. 25 lakh to the husband of… https://t.co/6suu3e4PIk pic.twitter.com/gkClgyXcXn
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The MLA from Bihar’s Sahebganj was convicted under section 304 part II (culpable homicide not amounting to murder with knowledge) of the Indian Penal Code (IPC) and under provisions of the Arms Act relating to contravention of licence conditions. Singh was immediately taken into judicial custody following the conviction as he had been out on bail in the case since February 2019.
The incident occurred at Singh’s farmhouse in Fatehpur Beri in south Delhi, where he was hosting a gathering to ring in the new year. During the celebrations, Singh fired shots in the air with his licensed .22 bore pistol. One of the bullets struck Dr Archana Gupta, a 45-year-old guest at the party, in the head. She was rushed to hospital but succumbed to her injuries three days later on January 3, 2019.
The court, in its detailed judgment delivered in June this year by Special Judge Vishal Gogne, held that Singh was clearly identified by multiple eyewitnesses as the person who fired the fatal shot. His act of reckless celebratory firing in a crowded gathering was found to constitute culpable homicide not amounting to murder under Section 304 Part II of the Indian Penal Code, besides violating the conditions of his arms licence.
Singh, who represents the Sahebganj constituency in Muzaffarpur district and has had a long political career spanning different parties including the Lok Janshakti Party and Vikassheel Insaan Party before joining the BJP, had pleaded for leniency during sentencing arguments. After his conviction in the case last month, Raju Kumar Singh had urged the court to not send him to jail, saying he had no intention to cause death.
He argued that he committed the offence due to a “lack of scientific knowledge” as he could not have anticipated the parabolic trajectory the fired bullet would take, and requested the court yesterday to release him on probation, citing his otherwise unblemished record as a public representative and the absence of any intention to cause death.
However, the court rejected the plea, emphasising the gravity of the offence and the irreparable loss caused to the victim’s family.
His wife Renu Singh and two other co-accused, who faced charges of destruction of evidence, were acquitted by the same court.
The conviction with 4-year jail term means that Singh will be disqualified from Bihar assembly under the Representation of the People Act, 1951. Section 8(3) of the Act provides that a person convicted of any offence (other than those specifically listed in sub-sections (1) and (2)) and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction. The disqualification continues for a further period of six years after release from prison.
Following the Supreme Court’s judgment in Lily Thomas v. Union of India (2013), the earlier protection under Section 8(4), which allowed sitting MPs/MLAs a three-month window to appeal before disqualification, was struck down as unconstitutional. Disqualification now takes effect immediately upon conviction by the trial court.
