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 quest