Gayasi Vs. State of U.P  INSC 69
(17 March 1981)
CHANDRACHUD, Y.V. ((CJ) CHANDRACHUD, Y.V.
((CJ) SEN, A.P. (J)
CITATION: 1981 AIR 1160 1981 SCR (3) 268 1981
SCC (2) 712 1981 SCALE (1)579
Penal Code-Crime against public servant for
reasons arising out of performance of official duty-No reason for commuting
death sentence to lesser sentence.
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
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]
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
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
P.B.R. Appeal dismissed.