Judgment

CHANDRACHUD, CJI. :- 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