KHEM CHAND Vs. STATE

JUDGEMENT

(1.) The petitioner Shri Khem Chand is an old man of 70 years. He has a young and good looking unmarried daughter. One Kishori Lal, though married, had developed intimate relations with the petitioner's daughter. Petitioner came to know of this affair. He asked Kishori Lal either to stop meeting his daughter or marry her. Kishori Lal initially promised, but subsequently resiled. The case of the prosecution is that on the night of 23rd March, 1978, the petitioner in conspiracy with one Babu Lal committed the murder of not only Kishori Lal, against whom he had a grouse, but also of his wife, Kamla, his daughter Krishna and son Sushil Kumar. The petitioner (and Babu Lal) were convicted and sentenced to imprisonment for life by the order of Additional Sessions Judge, Delhi on 17th November, 1980 as the petitioner was quite old. Against this Judgment, the petitioner preferred an appeal before the High Court, wheres the Delhi Administration moved the petition for enhancement of sentence of imprisonment awarded to the petitioner, to that of death. Vide order dated 13th October, 1983, this Court dismissed the appeal of the petitioner but allowed the revision and sentenced the petitioner to death. The special leave petition of the petitioner was dismissed in limine by the Supreme Court on 20th February, 1984.

(2.) After few days, the petitioner sent a mercy petition to the President of India. When more than two years elapsed in the disposal of his mercy petition, the petitioner approached the Supreme Court by way of writ petition under Article 32 of the Constitution of India seeking the issuance of an appropriate writ, order or direction to quash the sentence of death and substituting in its place a sentence of imiprisonment for life. Since the mercy petition was still pending, the petition was dismissed in limine by the Supreme Court on 14th April, 1987 as being premature. Ultimately, on 16th December 1988, the petitioner was informed that his mercy petition has been rejected by the President.

(3.) In the present petition, the petitioner seeks the issuance of a writ, order or direction for quashing the sentence of death awarded to him and substitute in its place a sentence for imprisonment for life, on the short ground that the inordinate delay of more than 65 months in the execution of the sentence of death has caused inhuman degradation and misery. During this period, he has suffered tuberculosis (TB) and now is at an advanced stage, and without any medical relief, he is being confined to condemned cell. The player is being opposed by the respondent State.