Bharatiya Janata Party (BJP) member Raju Kumar Singh, who was convicted last month in the celebratory shooting death of a 45-year-old woman on New Year’s Eve 2018, urged a Delhi court on Friday to spare him jail time, arguing that he committed the crime due to “lack of scientific knowledge” as he could not have predicted the equivalent path the fired bullet would take.
The submissions were made before Special Judge Vishal Gaughney of Ross Avenue Courts, who was hearing arguments on the quantum of punishment in the case. The court reserved its order until Saturday.
The court on June 6 convicted Singh, a BJP MLA from Sahibganj in Bihar, in a case in which 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, ultimately wounding Archana Gupta, wife of plaintiff Vikas Gupta and an attendee at the party organized by Singh’s brother.
Since Singh had fired the fatal shot that caused Gupta’s death, Special Judge Gogni convicted him under Section 304 (II) of the Indian Penal Code (culpable homicide not amounting to murder) and Section 30 of the Arms Act (punishment for contravention of license or rule).
Singh was immediately taken into judicial custody after his conviction as he has been on bail in the case since February 2019. The maximum punishment for the crimes is 10 years imprisonment.
Meanwhile, the court acquitted Singh’s wife, Renu Singh, and two others of destruction of evidence after no physical evidence was found against them.
In the last hearing, Singh filed a petition under Section 4 of the Probation of Offenders Act, 1958, which enables the court to release certain convicted criminals under good behavior probation instead of sentencing them to immediate imprisonment or fines.
In response, the court requested a report from the probation officer regarding any previous cases against Singh and his potential for rehabilitation.
Arguing for a lighter sentence, lawyer Rajeev Mohan, representing Singh, said: “I fired the bullet due to lack of scientific knowledge… It is a matter of personal recklessness. I took all precautions but did not understand the equivalent trajectory (of the bullet).”
The lawyer added: “I did not aim at the ground, there were no people on the balcony, and I did not aim there either. This is not an immoral act. A sentence of less than two years should be considered, if that at all.”
Lawyer Nandita Rao, who also represents Singh, referred to the probation report, noting that Singh was not convicted in any of the other cases and was acquitted in most of them.
She said: “What happened on my farm was a serious accident, but there was no intention behind it. My wife and children were alongside the victim and took her to the hospital in my private car. The accused’s behavior shows his great sadness and sense of responsibility. I regret the accident and am seeking an opportunity to make amends.”
The lawyer also added: “There are multiple cases against me based on complaints from my political rivals, but no one has ever said that I brandished a weapon or shot in the air. A sentence of less than two years should be considered so that I can retain my seat.”
The probation report said there was potential for Singh to be rehabilitated in the absence of any negative assessment of his social or personal character. The report also listed 17 previous cases against him in Bihar, including cases under the penal provisions of attempt to murder, the SC/ST Act and the Arms Act.
Singh, who was present in court, said: “I did not commit the crime intentionally. I served the people of my constituency loyally. The deceased and her husband were my close friends.”
Meanwhile, Additional Public Prosecutor Chiranjit Singh argued for the maximum punishment, stating that such cases of celebratory shootings show “disregard for the rule of law”.
“One does not need scientific knowledge to know the consequences of celebratory gunfire; it only takes reading a newspaper,” he said. “The victim’s children were teenagers at the time of the crime. Seeing their mother mortally wounded caused them inexplicable shock. Singh had a responsibility to take all necessary precautions to avoid such an incident.”
The defendant received mutual legal assistance six times, 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 that they are not law-abiding citizens,” the prosecution said.
