The assembly membership of BJP MLA and former minister Raju Kumar Singh from Bihar’s Sahebganj constituency is in danger after he has been convicted in a case of ‘culpable homicide not amounting to murder’. On Saturday, Delhi’s Rouse Avenue Court convicted him in the firing case at his farmhouse in South Delhi’s Fatehpur Beri during the 2018 New Year party. A woman named Dr. Archana Gupta had died in this incident.
Meanwhile, the MLA’s wife Renu Singh and two others – Rana Rajesh Singh and Ramendra Singh – were acquitted of charges of destroying evidence. The court has now fixed Tuesday, June 9, for arguments on the length of punishment to be given to the MLA. If he is sentenced to more than two years in jail, he will lose his assembly membership. The court has ordered to take him into custody. The offense for which the MLA has been convicted carries a maximum punishment of seven years in prison.
Membership will not be saved even after appealing in the High Court!
The court convicted the MLA under Section 304 (Part II) of the IPC (culpable homicide not amounting to murder) and Section 30 of the Arms Act (punishment for contravention of a license or rule). Let us see how much jail sentence and fine the MLA can face under these sections, as well as what effect it will have on his political career.
If MLA Raju Singh is sentenced for more than two years, then such public representative is disqualified under the ‘Representation of the People Act, 1951’. Although they have the right to appeal to the High Court, doing so will not save their membership. If the High Court quashes or stays the sentence, the situation may be better for Raju Singh.
What are the provisions of punishment under Section 304 (Part II)? Under Section 304 (Part II) (culpable homicide not amounting to murder) of the IPC, a case is registered against an accused when he does an act which is likely to cause death, but does not intend to cause death. If such act results in death, the accused may be punished with imprisonment of up to 10 years, fine or both.
**Provisions for punishment under Section 30 of the Arms Act**
The accused can also be prosecuted under Section 30 of the Arms Act (punishment for breach of the conditions or terms of a licence). According to the law, if a person violates the terms or conditions of an arms license, he can be punished with imprisonment of up to six months, a fine of up to ₹2,000, or both.