SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) An important question arises for consideration in these two writ petitions. That question is whether a delay exceeding two years in the execution of a sentence of death must be considered sufficient for setting aside that sentence. Learned counsel who appears on behalf of the petitioners relies upon a decision of this Court in T. V. Vatheeswaran v. State of Tamil Nadu, Special Leave Petn. (Crl.) No. 1276 of 1978 and Writ Petition (Cri.) No. 17 of 1982:reported in (1983) 1 Scale 115 and contends that since more than two years have passed since the petitioners were sentenced to death by the Trial Court, they are entitled to demand that the said sentence should be quashed and substituted by the sentence of life imprisonment.

(2.) The petitioners, Sher Singh and Surjit Singh, and one Kuldip Singh were convicted under section 302 read with Section 34 of the Penal Code and were sentenced to death by the learned Sessions Judge, Sangrur, on November 26, 1977. By a judgment dated July 18, 1978 the High Court of Punjab and Haryana reduced the sentence imposed upon Kuldip Singh to life imprisonment but upheld the sentence of death imposed upon the petitioners. The High Court also imposed a sentence of fine of Rupees 5000/- on Kuldip 'Singh and a fine of Rs. 5000/- on each of the petitioners. Special Leave Petition (Crl.) No. 1711 of 1978 which was filed by the petitioners against the judgment of the High Court was dismissed by this Court on March 5, 1979. The petitioners then filed a writ petition in this Court challenging the validity of Section 302 of the Penal Code. That petition was dismissed on January 20, 1981. Review Petition No. 99 of 1981 filed by the petitioners against the dismissal of their S. L. P. was dismissed by this court on March 27, 1981. The petitioners filed yet another petition under Art. 32 of the Constitution, this time challenging the validity of Section 34 of the Penal Code. That petition was dismissed on August 24, 1981. After failing in these seemingly inexhaustible series of proceedings, the petitioners filed these two writ petitions on March 2, 1983, basing themselves on the decision rendered by Justice Chinnappa Reddy and Justice R. B. Misra on February 16, 1983, in Vatheeswaran.

(3.) The question which arose for consideration in Vatheeswaran (supra) is formulated by Chinnappa Reddy, J., who spoke for the Court, in these terms:-