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1987 Supreme(Raj) 358

S.N.BHARGAVA, P.C.JAIN
Sawai Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
M.A. Khan, for Petitioner; O.P. Sharma, for Respondents

P.C. JAIN, J.—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. Petitioner Sawai Singh was prosecuted for the offences under Sections 302, 452, 225 and 201, IPC by the learned Addl. Sessions Judge, Gangapur C,tv in Sessions Case No. 36/1982 and after trial he was held guilty and convicted. The petitioner was sentenced to death under Sec. 302, IPC vide judgment dated 1st March, 1983. The case was referred for confirmation of death sentence by the learned Addl. Sessions Judge to this Court. The reference was























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