India News | Celebratory Firing Case: Delhi HC Seeks Police Response on Raju Kumar Singh's Plea for Stay of Conviction, Suspension of Sentence
Get latest articles and stories on India at LatestLY. Justice Manoj Jain sought a response from the State (Delhi Police) and listed the matter for hearing on July 23.
New Delhi [India], July 21 (ANI): The Delhi High Court on Tuesday sought a response from Delhi Police on applications moved by former Bihar Minister Raju Kumar Singh seeking suspension of sentence and stay of conviction in the celebratory firing death case.
Justice Manoj Jain sought a response from the State (Delhi Police) and listed the matter for hearing on July 23.
Also Read | Is Viral Video of a Couple Being Buried Alive in India Real? Fact Check Reveals it’s Misleading.
Raju Kumar Singh has also challenged the judgment and sentence in the celebratory firing death case relating to the death of Archana Gupta during a New Year party on December 31, 2018.
After hearing preliminary submissions by Senior Advocate Siddharth Luthra on the applications, the High Court sought a response from Delhi Police on the applications seeking suspension of sentence and stay of conviction.
It was submitted that a New Year party was held at the appellant's farmhouse where bullets were fired in the air. There was no intention to kill anybody and that the weapon was not aimed at anybody.
The bench also directed the appellant to deposit compensation of Rs 25 lakh with the Registry within two days.
Senior Advocate Luthra submitted that the draft would be deposited with the Registry.
During the arguments, Senior Advocate Luthra submitted that the lead recovered did not match the bullet fired from the licensed weapon of Raju Kumar Singh.
Former MLA Raju Kumar Singh was convicted for the offence of culpable homicide not amounting to murder and sentenced to four years' imprisonment. He was also convicted under the Arms Act.
He was directed to pay Rs 25 lakh as compensation to Vikas Gupta, husband of the deceased Dr Archana Gupta.
Raju Kumar Singh was a sitting MLA at the time of his sentencing. He has challenged the judgment on various grounds.
On July 4, Special Judge Vishal Gogne sentenced Raju Kumar Singh to four years' imprisonment under Section 304 Part II of the IPC. He was also sentenced to two months' imprisonment under the Arms Act.
The trial court directed that he would undergo a sentence of three months if compensation was not paid to Vikas Gupta, husband of the deceased Archana Gupta.
Raju Kumar Singh had sought release on probation of good conduct. His counsel submitted that he had never been convicted earlier and is a six-time MLA.
It was argued that the incident was an accident and a negligent act and that his family was also on the dance floor. The defence submitted that there was no confirmation as to whose bullet hit the victim and that two bullets were fired in the air and were not aimed at anybody.
It was further submitted that there was no influence, threat or attempt to buy any witness by the convict. The defence also submitted that he has a family, aged parents and a good past record.
Senior Advocate Luthra further submitted that Raju Kumar Singh is a six-time MLA serving his constituency with dedication and sought an opportunity for reform, stating that if he is sentenced to more than two years, he will lose his MLA seat.
Advocate Rajiv Mohan appeared along with Advocates Rishabh Bhati and Rehan Khan.
It was also submitted that the convict did not possess scientific knowledge regarding the trajectory of the bullet and had no knowledge of the path it would take after being fired.
Referring to the principles of physics, the defence submitted that a bullet follows a parabolic path and that its trajectory depends on the angle at which it is fired, arguing that the convict did not know how the bullet would behave.
Addressing the court, Raju Kumar Singh said, "I have done nothing wrong till date. I am a social man and live in society. The deceased was the wife of my brother's friend. I called her Bhabhi. I pray that the court take a lenient view."
Opposing the submissions, the prosecution submitted that the victim was 45 years old and had her life ahead of her.
The public prosecutor submitted that the incident took place in front of the victim's 12-year-old daughter and husband. "The trauma of seeing blood oozing from her mother's head is something the child has suffered. Precautions should have been taken by the accused," the prosecutor submitted.
The prosecution further submitted that the firing took place 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 weapon with him," the prosecutor argued.
It was further submitted that the victim's clothes and mobile phone were allegedly hidden and recovered later. The prosecution also submitted that the accused fled and was apprehended on the Kushinagar highway, while the clothes were allegedly thrown on the highway and blood was washed away. DJ personnel had stated these facts in their statements, the prosecutor submitted.
"It is a case where a lawmaker became a lawbreaker. He is a six-time MLA and was aware of the law. Releasing him on probation will send a wrong message to society," the prosecution said.
The prosecution further said that the accused had no respect for the law and made every effort to remain beyond its reach. It also submitted that neither he nor his wife visited the victim, which, according to the prosecution, reflected inhumanity on his part. (ANI)
(The above story is verified and authored by ANI staff, ANI is South Asia's leading multimedia news agency with over 100 bureaus in India, South Asia and across the globe. ANI brings the latest news on Politics and Current Affairs in India & around the World, Sports, Health, Fitness, Entertainment, & News. The views appearing in the above post do not reflect the opinions of LatestLY)