New Delhi: A Delhi court on Saturday sentenced Bihar BJP MLA Raju Kumar Singh to four years' simple imprisonment in a case related to the death of a woman during celebratory firing in 2018. Pronouncing the verdict, the judge slammed the "gun culture" and declared, "We need neither a Singham nor a Pushpa in a state governed by the rule of law."
Special Judge Vishal Gogne also imposed a fine of ₹25 lakh on the legislator from Bihar's Sahebganj, who was convicted for the death of a guest, Archana Gupta, at a New Year's party at a farmhouse in Fatehpur Beri on the night of December 31, 2018. The amount will be paid as compensation.
In the 34-page verdict, the court refused to grant leniency, saying Singh was apparently drunk on the arrogance of power and seemingly wanted to project his status by firing. It said such actions encourage an ecosystem of illicit firearms and have led to the entry of 'Bahubalis' into politics.
"We need neither a Singham nor a Pushpa in a state governed by the rule of law. The brazen act of firing by Raju Kumar Singh was, however, an inspiration to both such aspirations," the judge said while referring to the protagonists of two popular films who are on opposite sides of the law and indulge in a brazen display of violence.
Singh was convicted in June under Section 304 Part II (culpable homicide not amounting to murder with knowledge) of the IPC and under provisions of the Arms Act relating to the contravention of licence conditions. The provision carries a maximum punishment of 10 years' imprisonment, or a fine, or both.
The court said, "Past public service does not by itself entitle a convict to a token sentence, as for instance, one or two years. Public office, especially an elected office, is an office of honour and public trust, and such honour and trust are vitiated and violated when such a public representative commits a grave criminal offence."
The court said the only starting point for considering aggravating or mitigating circumstances should be the midpoint of the prescribed range of punishment.
The court underlined that differential or preferential treatment in sentencing cannot be accorded to the convict merely because he is an MLA.
"The court is satisfied that a sentence of four years upon the convict would be an apposite and suitably stringent punishment for the commission of the offence under Section 304 (Part II)," Judge Gogne said.
He said a four-year sentence, and the time it provides for the convict's reflection and reform, should, in the court's estimation, serve as a punishment proportionate to the offence and have strong deterrent value against similar acts of reckless firing by politicians and others at social functions.
"The court deems it appropriate that a sentence of two months be imposed on the convict under Section 30 of the Arms Act," the judge added, noting that the sentences would run consecutively.
He observed that as certain states in India are known to harbour illicit production facilities for locally made firearms, the sight of an MLA acting like a strongman through the unrestrained use of firearms, even on social occasions, encourages an ecosystem of illicit firearms.
He noted that the convict's first act of celebratory firing occurred just before the New Year, while the second round of firing took place after guests had exchanged New Year wishes at the stroke of midnight.
"The act of continuous firing by the convict reflected a callous disregard for human life and acts as an aggravating circumstance," the judge said.
"While the firearm of the convict was a licensed weapon, his act of firing serves to legitimise a gun culture which is predicated on muscular assertion of power and largely male dominance," he added.
The court also rejected Singh's plea for release on probation.
It said that, as a holder of representative public office with the responsibility of upholding not only the statutory order but also the constitutional scheme, Singh's proven act of wanton firing at a party, resulting in the death of a guest, was criminal behaviour completely at odds with his position as a public servant.
It said, "The court may next notice that the convict fired on multiple occasions and was, in fact, apprehended while on the run and in possession of the pistol in question. Subsequently, a large number of bullets from various firearms were found at his residence, and these circumstances too favour the denial of probation to the convict."
The court observed that the convict appeared to have had scant regard for the safety of even his own kith and kin by repeatedly firing a firearm in the midst of a gathering celebrating the New Year.
It said the grave nature of the offence is not mitigated by the fact that the victim was taken to the hospital in the convict's car.
The court said another aggravating factor was the tragic consequence of the offence, as the victim, Archana Gupta, 45, a guest of the convict's family who had attended the party with her husband and daughter, died as a result of the convict's criminal act, causing an irreversible loss to her family.
Regarding compensation for the victim's family, the court said it had to determine an amount that was both adequate and honourable, and that the convict's financial capacity was an appropriate benchmark in assessing compensation for the life and future prospects lost by the victim.
Noting the report on Singh's assets, the court said he was a prosperous man who not only received a government salary but also held a stake in a company operating a cold storage facility, owned four acres of land, and possessed commercial properties in Delhi and Bihar.
"In sum, the convict is a land and building owner apart from possessing multiple business interests and deriving varied rental income. In this scenario, the court finds him capable of paying appropriate and adequate compensation to the family of the victim," the court said.
It added that although no amount of compensation could truly redress the loss of life and future prospects, it had assessed that ₹25 lakh would be an appropriate amount to be paid by the convict to the victim's family.
