New Delhi [India], July 20 : Former Bihar Minister Raju Kumar Singh on Monday moved the Delhi High Court against the lower court judgement, sentencing him to four years' imprisonment in the 2018 New Year's Eve celebratory firing death case.The trial court had also directed him to pay a Rs 25 lakh fine to the family of the deceased, Archana Gupta.
The incident occurred during the New Year party on December 31, 2018.
The High Court Bench of Justice Manoj Jain is set to hear the appeal against the trial court judgement on Tuesday.
On July 4, Special Judge Vishal Gogne sentenced Kumar to four years of Imprisonment under section 304 Part 2 of IPC. He was also sentenced to two months imprisonment in Arms Act.
He shall undergo a sentence of three months more if the compensation is not paid to the victim Vikas Gupta, husband of the deceased Archana Gupta.
Notably, Kumar was the sitting MLA at the time of his sentence.
He has challenged the judgement on various grounds.
Before the sentencing in the trial court, senior advocate Nandita Rao submitted that Kumar should be granted bail in one case from the Patna High Court. He has also been acquitted in another case, while a third one is pending before the court.
Rao also mentioned that his wife Renu Singh stated to the probation officer that her husband has not been sent to jail in any case. It shows that there is no past conviction, the senior counsel said.
She had further argued that the incident was an accident. His family was also on the dance floor. She added that there is 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 or bullying and the convict did not buy any witnesses. Rao added that Kumar has a family, aged parents, and a good past record.
The senior advocate had also submitted that he is a 6-time MLA, serving his constituency with a pure heart.
Give him a chance; if he is given a sentence for more than 2 years, he will lose his MLA seat. He may be given a chance for reform, noting his past conduct, she said.
Advocate Rajiv Mohan had appeared along with advocates Rishabh Bhati and Rehan Khan.
On the other hand, the prosecution opposed the submissions advanced by the counsel for the accused. The 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 victim's 12-year-old daughter and husband. The trauma of seeing the blood oozing out of the head from her mother, this is trauma. 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 added.
It was also argued by the prosecutor that the clothes and mobile of the victim were hidden, which were recovered later, after which he fled.
Apprehended at Kushinagar Highway, the clothes were thrown on the highway, and the blood was washed.
It is a case where a lawmaker can be a lawbreaker. He is a 6 time MLA. He was aware of the law. Releasing him on probation will send a wrong message in society, the prosecution said.
The accused has no respect for the law. He made every effort to get out of the periphery of the law. Neither he nor his wife visited the victim. It shows his inhumanity, the prosecution said.