New Delhi [India], July 28 (ANI): The Delhi High Court on Monday suspended the sentence of former Bihar MLA Raju Kumar Singh, who was sentenced to four years in prison in a case related to the death of Archana Gupta in celebratory firing during a New Year party in 2018.
The High Court noted that there is no possibility of conclusion of the appeal in the near future.
Singh had challenged the trial court’s judgment and sentence. His application seeking a stay on his conviction will be heard on August 11, as the trial court records reached the High Court on Monday.
He was disqualified from the legislative Assembly after he was sentenced to 4 years’ imprisonment.
Justice Manoj Jain suspended the sentence and directed him to furnish a bail bond of Rs 25000 and one local surety of like amount. He has also been directed to deposit the compensation amount of Rs. 25 Lakh with the Registry by Tuesday.
“Keeping in mind the overall facts of the case and the fact that there is no likelihood of the appeal getting finally heard in the near future, the sentence of the appellant is, hereby suspended on his furnishing personal bond and surety bond in a sum of Rs. 25,000 each with one surety of like amount, subject to the satisfaction of learned Trial Court/Chief Judicial Magistrate/Duty Judicial Magistrate First Class,” Justice Manoj Jain ordered on July 27.
The victim’s family would be at liberty to withdraw the compensation amount, irrespective of the eventual outcome of the appeal. Learned Senior Counsel for the victim family submits that he would inform the victim family about the said direction, the High Court noted.
Senior advocate Siddharth Luthra alongwith advocates Samarth Krishan Luthra and Aditi Tripathi appeared for Raju Kumar Singh.
It was submitted by the senior counsel for the appellant that the testimony on record is not
convincing and specific as nobody has attributed the ‘offending fire’ to the
appellant.
Moreover, as per the admitted case of the prosecution, the celebratory fire was also from the rifle of a security guard, and the forensic opinion is non-conclusive as it is not amply clear whether the lead in question, recovered from the body of the deceased, was of the bullet allegedly fired by the accused with a pistol or of rifle fired by the guard, the senior advocate argued.
It was further stated that, though the appellant was involved in various other cases, in nine such cases, he has already been acquitted. He also submitted that the appeal is of the year 2026 and there is no likelihood of it getting heard finally in the near future, and since there are arguable points involved, the appellant becomes entitled to suspension of sentence.
The Delhi High Court on July 21 sought reply from Delhi police on applications moved by former Bihar Minister Raju Kumar Singh.
This case pertains to the death of Archana Gupta due to celebratory firing during a New Year party on December 31, 2018.
It was submitted that there was a New Year party at the farmhouse of the appellant and there was celebratory fire. There was no intention to kill anybody and the weapons were not aimed at anybody.
Singh was convicted for the offence of culpable homicide not amounting to murder and was sentenced to four year’s imprisonment. He was also convicted under the Arms Act.
He was directed to pay a Rs. 25 Lakh fine to the husband of the deceased.
He was an MLA when the sentence was awarded by the trial court. On July 4, Special Judge Vishal Gogne sentenced Singh to four-year imprisonment under section 304 Part 2 IPC. He was also sentenced to two-month Imprisonment in Arms Act.
Singh had prayed to release him on the probation of good conduct. His counsel said that he has never been convicted and has been a six-time MLA.
It was argued that the incident was an accident, a negligent act; his family was also on the dance floor. No confirmation of whose bullet hit the victim. Two bullets were fired in the air; they were not aimed at anybody.
It was further submitted that there is no influence, bullying, or any witness by the convict.
He has a family, aged parents, good record. While addressing the trial court, Singh had said that he had not committed any wrong act to date. He said he was a social person and lived peacefully in society. He added that the deceased was the wife of his brother’s friend and that he used to address her as ‘Bhabhi’. He urged the court to take a lenient view.
On the other hand, the Prosecution opposed the submissions advanced by the counsel for accsued.
Public Prosecutor submitted that the victim was 45 years of age, had a life to see before her.
The incident took place in front of the 12-year-old daughter and husband. There was trauma of seeing the blood oozing out of the head. Precautions should have been taken by the accused, the public prosecutor said.
The prosecution also said that firing was done near the dance floor. “Celebratory firing is a disease in our country. It shows the mental state. He was not in Bihar; he was in Delhi. He had no danger. Still, he had his weapons with him.”
The prosecutor also argued that the accused had hidden the victim’s clothes and mobile phone, which were later recovered. He subsequently fled the scene and was apprehended on the Kushinagar Highway. The victim’s clothes were allegedly thrown on the highway, and the blood was washed away. The DJ persons also stated these facts in their statements.
It is a case where lawmaker can be a lawbreaker. Releasing him on probation will send a wrong message in the society, the Prosecution said.
The prosecution said that the accused had no respect for the law and made every effort to evade legal consequences. It further submitted that neither the accused nor his wife visited the victim, which, according to the prosecution, reflected his inhumanity. (ANI)
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