BJP MLA Raju Singh urges court to spare him jail term in fatal celebratory firing case

BHaratiya Janata company (BJP) MLA Raju Kumar Singh, convicted endure month in a caseful of celebratory firing that killed a 45-year-old adult female on young Year’s Eve 2018, urged a Delhi court on Friday to spare him a jail term, arguing 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.The submissions were made before Special Judge Vishal Gogne of Rouse Avenue Courts, who was hearing arguments on the quantum of sentence in the case. The court has reserved its order for Saturday.The court had on June 6 convicted Singh, a sitting BJP MLA from Bihar’s Sahebganj, in a case where he fired a bullet in the air while celebrating inside a farmhouse in South Delhi’s Fatehpur Beri on New Year’s Eve in 2018, which eventually hit Archana Gupta, wife of complainant Vikas Gupta and one of the attendees at the party organised by Singh’s brother.Holding that Singh fired the fatal bullet that caused Gupta’s death, Special Judge Gogne had convicted him under Indian Penal Code Section 304 (II) (culpable homicide not amounting to murder) and Section 30 of the Arms Act (punishment for contravention of a licence or rule).Singh was immediately taken into judicial custody following the conviction as he had been out on bail in the case since February 2019. The maximum punishment for the offences is 10 years’ imprisonment.Meanwhile, the court acquitted Singh’s wife, Renu Singh, and two others of charges of destruction of evidence after finding no material evidence against them.At the last hearing, Singh moved a plea under Section 4 of the Probation of Offenders Act, 1958, which empowers the court to release certain convicted offenders on probation of good conduct instead of sentencing them to immediate imprisonment or fines.In response, the court called for a report from the probation officer regarding any previous cases against Singh and the possibility of his rehabilitation.Arguing for a lenient sentence, advocate Rajiv Mohan, appearing for Singh, argued, “I fired the bullet due to a lack of scientific knowledge... It is a matter of subjective recklessness. I took all precautions but I did not understand the parabolic path (of the bullet).”The advocate further said, “I did not aim at the ground, nor were there any persons on the terrace, and I did not aim there either. This is not an act of moral turpitude. A sentence of less than two years should be considered, if at all.”Senior advocate Nandita Rao, also representing Singh, referred to the probation report, stating that Singh has not been convicted in any of the other cases and has been acquitted in a majority of them.She argued, “What happened at my farmhouse was a grave incident but there was no intention behind it. My wife and children were shoulder to shoulder with the victim and rushed her to the hospital in my own car. The conduct of the accused shows his grave sadness and a sense of responsibility. I regret the incident and seek a chance for reform.”The counsel further submitted, “There are multiple cases against me on complaints by my political rivals, but no one has ever said I brandished a weapon or fired in the air. A sentence of less than two years should be considered so that I can retain my seat.”The probation report stated that there was a possibility of Singh’s rehabilitation in view of the absence of any adverse social or personal character assessment. The report also listed 17 previous cases lodged against him in Bihar, including cases under the penal provision for attempt to murder, the SC/ST Act and the Arms Act.Singh, who was present in court, said, “I did not commit the offence intentionally. I have faithfully served the people of my constituency. The deceased and her husband were my close friends.”Meanwhile, Additional Public Prosecutor Chiranjit Singh argued for the maximum sentence, stating that such instances of celebratory firing showed a “disregard for the rule of law”.He argued, “One doesn’t need scientific knowledge to know the consequences of celebratory firing; it only requires reading a newspaper. The victim’s children were teenagers at the time of the offence. Seeing their mother with fatal injuries caused them unexplainable trauma. Singh had a responsibility to take all precautions to avoid such an incident.”The accused is a six-time MLA, the prosecutor said, adding that releasing him on probation would send the wrong message to society. “The fact that Singh and his driver fled the spot and were arrested days later in Kushinagar shows they are not law-abiding citizens,” the prosecution said.