The Delhi high court on Tuesday declined to immediately suspend the conviction and sentence of Bihar Bharatiya Janata Party (BJP) MLA Raju Kumar Singh in connection with the death of a woman during celebratory firing at his farmhouse in South Delhi’s Fatehpur Beri on New Year’s Eve in 2018, observing that the offence with which he was charged was serious.
Event Context
A bench of justice Manoj Jain issued a notice in Singh’s applications, sought a response from the Delhi police, and asked for the same to be also given to the deceased’s family for their response and listed the matter for further hearing on July 24.
“Its unfortunate. Why should you seek suspension of conviction? Section 304 (IPC) is a serious offence,” it said.
It added, “The additional public prosecutor for the state appears on advance notice and seeks time to file response to the application where the suspension is sought. Let the representatives of the deceased be also notified, so that their response can be taken. Issue notice in the applications.”
The court passed the order in an appeal filed by Singh against trial court’s order. The trial court had in June convicted Singh 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.
The provision provides for a maximum imprisonment of ten years or fine, or both.
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In July, the trial court sentenced him to four years of sentence, slammed the gun culture and said, “We need neither a Singham nor a Pushpa in a state governed by the rule of law”.
The court also directed Singh to pay ₹25 lakh as compensation to 45-year-old Archana Gupta, family member of the victim.
The judge said that a punishment of four years and the time it makes available to the convict for reflection and reform should, in the estimation of the court, serve as a sentence proportional to the offence and of potent deterrent value against similar acts of reckless firing by politicians and others alike in social functions.
This was after Singh’s lawyer, senior advocate Siddharth Luthra urged the court to suspend his sentence and conviction.
He said that the ₹25 lakh compensation, which the trial court had awarded to the deceased’s family would be deposited with the registry in two days. He further argued that the entire case was based on seven eye witnesses, out of which four did not support the case.
