BJP MLA from Bihar’s Sahebganj constituency and former minister Raju Kumar Singh is in danger of losing his assembly membership after being convicted in a case of ‘culpable homicide not amounting to murder’. On Saturday, Delhi’s Rouse Avenue Court convicted him of ‘culpable homicide not amounting to murder’ in a case of firing at his farmhouse in south Delhi’s Fatehpur Beri during a New Year party in 2018. A woman named Dr. Archana Gupta had died in this incident.
During this, the MLA’s wife Renu Singh and two other people, Rana Rajesh Singh and Ramendra Singh, were acquitted of charges of destroying evidence. At the same time, the court will now hear the arguments on the duration of punishment to be given to the MLA on Tuesday i.e. June 9. If he is sentenced to more than two years, he will lose his assembly membership. The court has ordered to take him into custody. The crime for which the MLA has been convicted carries a maximum punishment of seven years.
Membership will not be saved after appeal in 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 violation of license or rule). Let us tell you how many years of imprisonment an MLA can face under these two sections and how much fine can be imposed on him. Also, what effect will this have on his political career?
If MLA Raju Singh is sentenced to more than two years, then it becomes necessary to disqualify such a public representative under the ‘Representation of the People Act, 1951’. Although he has the right to appeal in the High Court, this will not save his membership. If the High Court stays the sentence, the situation may be better for Raju Singh.
What is the provision of punishment in Section 304 (Part II)?
Under Section 304 (Part 2) of the IPC (culpable homicide not amounting to murder), if the death of a person is caused by an act in which the accused has knowledge that his act is likely to cause death, but there is no clear intention to commit murder. If someone dies due to his act, then a case is registered against the accused under this section in which he can be punished with imprisonment up to a maximum of 10 years, fine or both.
Provision for punishment in Section 30 of the Arms Act
Action can also be taken against the accused under Section 30 of the Arms Act (punishment for violating license or rules). 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, according to this section.
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