PETITIONER:
GAYASI
Vs.
RESPONDENT:
STATE OF U.P.
DATE OF JUDGMENT17/03/1981
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BENCH:
CHANDRACHUD, Y.V. ((CJ)
SEN, A.P. (J)
CITATION:
1981 AIR 1160 1981 SCR (3) 268
1981 SCC (2) 712 1981 SCALE (1)579
ACT:
Penal Code-Crime against public servant for reasons
arising out of performance of official duty-No reason for
commuting death sentence to lesser sentence.
HEADNOTE:
The deceased Bhagwan Singh who was working as an Amin
put the appellant's lands to sale for recovering certain
arrears. The appellant and his two companions Mool Chand and
Daya Ram lay in wait for the deceased while he was on his
way back home. Daya Ram first fired three shots at the
deceased as a result of which he fell down. Immediately
thereafter the appellant emerged with a sword and chopped
off the head of Bhagwan Singh.
The appellant was convicted under section 302 read with
section 34, I.P.C. and sentenced to death. The second
accused was still absconding.
On the question of sentence
^
HELD: There is no reason for commuting the sentence of
death to the lesser sentence of imprisonment for life. The
deceased had to perform his ministerial duties as an amin in
putting the land to sale. He bore no personal grudge against
the appellant nor had he anything to gain for himself by
selling the appellant's lands. Such crimes against public
servants for reasons arising out of the performance by them
of their public duties must be put down with a firm hand.
[269E]
The fact that the second accused was absconding does
not reduce the gravity of the appellant's offence. [269D]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
362 of 1979.
Appeal by Special Leave from the Judgment and Order
dated 28.2.79 of the Allahabad High Court at Allahabad in
Crl. Appeal No. 3500/78 and murder reference No. 33/78.
S. K. Bisaria for the Appellant.
H. R. Bhardwaj and R. K. Bhatt for the Respondent.
The Judgment of the Court was delivered by
CHANDRACHUD, C. J. The appellant’s 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
269
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 latter’s 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.
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 appellant’s 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.
P.B.R. Appeal dismissed.
270