Gayasi
v.
State Of U.p
(Supreme Court Of India)
Criminal Appeal No. 362 Of 1979 (Criminal Appeal No. 3500 Of 1978 And Murder Reference No. 33 Of 1978) | 17-03-1981
CHANDRACHUD, C.J.
1. 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 bicycle, 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 convicted 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 a firm hand. We, therefore, confirm the sentence of death passed on the appellant and dismiss the appeal.
3. Appeal dismissed.
1. 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 bicycle, 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 convicted 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 a firm hand. We, therefore, confirm the sentence of death passed on the appellant and dismiss the appeal.
3. Appeal dismissed.
Advocates List
S. K. Bisaria, H. R. Bhardwaj, R. K. Bhatt, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE Y. V. CHANDRACHUD (CJI)
HON'BLE JUSTICE A. P. SEN
Eq Citation
(1981) 2 SCC 712
[1981] 3 SCR 268
1981 CRILJ 883
(1981) SCC CRI 590
AIR 1981 SC 1160
1981 (1) SCALE 579
1981 ALJ 441
LQ/SC/1981/168
HeadNote
Penal Code, 1860 — Ss. 302/34 — Amin murdered by appellant and his son — Amin had performed his ministerial duty in putting appellants land to sale — Held, 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 a firm hand — Sentence of death confirmed (Para 2)
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