BJP MLA Raju Kumar Singh, convicted in a 2018 case in which a woman was killed in celebratory firing, urged a Delhi court on Friday to release him on probation, arguing that he had no intention to cause death and had an otherwise unblemished record as a public representative.
The submissions were made before Special Judge Vishal Gogne during arguments on the quantum of sentence.
The court reserved its order on sentence for July 4.
Singh (56), a Bharatiya Janata Party (BJP) legislator from Bihar's Sahebganj, was convicted 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.
Appearing in the court for Singh, advocate Nandita Rao submitted that her client is a six-time MLA, has never been convicted before and is a responsible member of the society.
"My client never intended to kill anyone. He is a six-time MLA, serving his constituency, a productive member of the society and a highly-educated person. He has never been convicted before. Leniency may therefore be shown and he may be considered for release on probation," Rao said.
She also mentioned a report submitted by a probation officer from Bihar and contended that it clearly states that his client has been a very helpful, cooperative and responsible member of the society.
Advocate Rajiv Mohan further submitted that while the court has convicted Singh under section 304 part II of the IPC, the nature of the offence requires the court to consider the element of knowledge while determining the appropriate sentence.
"I am not suggesting there was no negligence. However, the degree of rashness and the circumstances of the offence deserve consideration before the sentence is imposed," he said.
Special Public Prosecutor Chiranjit Singh opposed the plea for probation, contending that such relief would send an adverse message to the society, particularly in cases involving celebratory firing.
"The victim was 45 years old. Her 12-year-old daughter witnessed the entire incident. The trauma suffered by the family cannot be expressed in words," the prosecutor said.
He argued that despite the farmhouse being spread over a large area, the convict chose to fire near the stage where guests had gathered.
"Celebratory firing has become a growing menace in the country. Arms and ammunition were also recovered from the accused during the investigation, reflecting his disregard for the law. This is a case where a lawmaker became a lawbreaker," the prosecutor said.
He urged the court to reject the plea for probation, saying the convict's conduct demonstrated a lack of respect for the rule of law.
During the hearing, the BJP MLA also spoke before the court and said he has never done anything to put the society in danger.
"I live in a society. I have never done anything that endangers the society. There were all family members at the event. The one who lost her life was also like family," he said.
In its 97-page verdict convicting Singh, the court had observed that "acts of celebratory firing during festivities are a scourge which often cause fatalities in our country".
"The present case reflects a similar tragedy where alleged acts of reckless celebratory firing by accused no.1 (Raju Kumar Singh), a multiple-term MLA from Bihar, caused the death of a guest at a New Year's party on the intervening night of December 31, 2018, and January 1, 2019," the court had said.
Relying on the evidence on record, it had held that Singh, identified by multiple witnesses, had fired the fatal shot that killed Archana Gupta.
It had further said that Singh committed "a manifestly-dangerous act" by firing multiple rounds from his licensed pistol in the midst of a gathering of people, where there was an inherent possibility that a bullet could strike those present.
(With inputs from PTI)
