JUDGMENT

G. S. Singhvi, J.:- Leave granted.

2. The question which arises for consideration in this appeal is whether 12 years delay in the disposal of the petition filed by the appellant under Article 72 of the Constitution was sufficient for commutation of the sentence of death into life imprisonment and the Division Bench of the Gauhati High Court committed an error by dismissing the writ petition filed by him.

3. The appellant was prosecuted for an offence under Section 302 of the Indian Penal Code (IPC) on the allegation that he had killed Rajen Das, Secretary of Assam Motor Workers Union on 24.12.1990. He was convicted by Sessions Judge, Kamrup, Guwahati (hereinafter referred to as, ‘the trial Court’) in Sessions Case No. 80(K) of 1990 vide judgment dated 11.11.1997 and was sentenced to life imprisonment.

4. While he was on bail in Sessions Case No. 80(K) of 1990, the appellant is said to have killed Hare Kanta Das (a truck owner). He was tried in Sessions Case No. 114(K) of 1996 and was convicted by the trial Court and was sentenced to death on the premise that the murder was most foul and gruesome.

5. The appellant challenged the judgments of the trial Court in Appeal Nos.