N Criminal Appeal No 362 of 1979
Appeal by Special Leave from the Judgment and Order dated 28279 of the Allahabad High Court at Allahabad in Crl
Appeal No 350078 and murder reference No 3378
section 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 PW4 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
PBR Appeal dismissed


Summary:
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 IPC 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