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SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, CJI., A.P. SEN, J.
Gayasi, Appellant
Versus
State of U.P., Respondent.
Criminal Appeal No. 362 of 1979, D/- 17-3-1981.
Advocates appeared
Mr. S. K. Bisaria, Advocate, for Appellant; Mr. H. R. Bhardwaj and Mr. R. K. Bhatt, Advocates, for Respondent.
Indian Penal Code 1860 - Section 307 - Section 302 - Appellant emerged with a sword and chopped off neck - Land of one Mool Chand was also sold for a similar reason - Deceased, who was an Amin, acted as an officer of Court in effecting aforesaid sales - After sale proceedings were over, was returning home on a bicyle with his peon Shripat, who is examined in case as P. W. 4. appellant, and latters son lay in wait for deceased and while he was passing along on his bicycle, fired three shots at him, two out of these hit, result of which he fell down –Held, Court see no reason for commuting sentence of death imposed upon appellant to lesser sentence of imprisonment for life - Fact that is absconding does not reduce gravity of offence committed by appellant - Performed his ministerial duty as an Amin in putting appellants land to sale - Such crimes committed against public servants for reasons arising out of performance by them of their public duties must be discouraged and put down with firm hand - Appeal Dismissed
Judgment
CHANDRACHUD, CJI.:- The appellants land was auctioned on December 26, 1976, in a revenue sale held to recover arrears of land revenue. On the same day, the land of one Mool Chand was also sold for a similar reason. The deceased Bhagwan Singh, who was an Amin, acted as an officer of the Court in effecting the aforesaid sales. After the sale proceedings were over, Bhagwan Singh was returning home on a bicyle with his peon Shripat, who is examined in the case as P. W. 4. The appellant, Mool Chand and the latters son Daya Ram lay in wait for the deceased and while he was passing along on his bicycle, Daya Ram fired three shots at him, two out of these hit Bhagwan Singh, as a result of which he fell down. A split second thereafter, the appellant emerged with a sword and chopped off the neck of Bhagwan Singh. Daya Ram is still absconding but the appellant was convicte by the Sessions Court under Section 302, read with Section 34 of the Penal Code and was sentenced to death. He was also convicted under Section 307 of the Penal Code. The sentence of death having been confirmed by the High Court, the appellant has filed this appeal by special leave. The leave is limited to the question of sentence.
2. We see no reason for commuting the sentence of death imposed upon the appellant to the lesser sentence of imprisonment for life. The fact that Daya Ram is absconding does not reduce the gravity of the offence committed by the appellant. Bhagwan Singh had but performed his ministerial duty as an Amin in putting the appellants land to sale. He bore no personal grudge against the appellant nor had he anything to gain for himself by selling the lands of the appellant and of Daya Ram. Such crimes committed against public servants for reasons arising out of the performance by them of their public duties must be discouraged and put down with firm hand. We, therefore, confirm the sentence of death passed on the appellant and dismiss the appeal.
Appeal dismissed.
For Citation : AIR 1981 SC 1160
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