SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER condemned to death in this writ petition under Art. 226 of the Constitution of India has prayed for issuance of a writ, order or direction to quash the sentence of death passed by the learned Additional Sessions Judge, Gangapur City vide his judgment dated 1st March, 1983, in Sessions Case No. 36 of 1982, for an offence under Section 302, IPC (which was confirmed by this Court vide judgment dated 5th March, 1984) and in place of sentence of death to substitute the sentence of imprisonment for life, on the ground of inordinate delay in the execution of the death sentence by invoking Art 21 of the Constitution of India, placing reliance on Javed Ahmed Vs. State of Maharashtra (1 ).

(2.) A few facts may briefly be stated:

(3.) BUT, in Sher Singh vs. State of Punjab (2) another Division Bench consisting of Chandrachud CJ V. P. Tulzapurkar and Vardarajan JJ. of the Supreme Court did not agree with the aforesaid decision of the Supreme Court in Vatheiswami's case and observed as under:- "this period of two years purports to have been fixed in Vatheiswaran after making all reasonable allowance for the time necessary for appeal and consideration of reprieve. With great respect we find it impossible to agree with this part of the judgment. "