He was also companyvicted under section 307 of the Penal Code.
Appeal by Special Leave from the Judgment and Order dated 28.2.79 of the Allahabad High Court at Allahabad in Crl.
3500/78 and murder reference No.
A split second thereafter, the appellant emerged with a sword and chopped off the neck of Bhagwan Singh.
The sentence of death having been companyfirmed by the High Court, the appellant has filed this appeal by special leave.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The leave is limited to the question of sentence.
Appeal No.
362 of 1979.
R. Bhardwaj and R. K. Bhatt for the Respondent.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. The appellants land was auctioned on December 26, 1976 in a revenue sale held to recover arrears of land revenue.
33/78.
On the same day, the land of one Mool Chand was also sold for a similar reason.
K. Bisaria for the Appellant.
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.
The deceased Bhagwan Singh, who was an Amin, acted as an officer of the Court in effecting the aforesaid sales.
Daya Ram is still absconding but the appellant was companyvicted by the Sessions Court under section 302 read with section 34 of the Penal Code and was sentenced to death.
