JUDGMENT

OZA, J.— (For himself, M. M. Dutt, K. V. Singh and L. M. Sharma, JJ.) : These matters came up before us because of the conflict in the two decisions of this Court : T.V. Vatheeswaran v. State of Tamil Nadu, (193) 2 SCR 348; Sher Singh v. State of Punjab (1983) 2 SCR 582 and observations in the case of Javed Ahmed Abdul Hamid Pawala v. State of Maharashtra, (1985) 2 SCR 8. In Vatheeswarams case a Bench of two Judges of this Court held that two years delay in execution of the sentence after the judgment of the trial Court will entitle the condemned prisioner to ask for commutation of his sentence of death to imprisonment for life. The Court observe that : (At p. 367 of AIR)

"Making all reasonable allowance for the time necessary for appeal and consideration of reprieve, we think that delay exceeding two years in the execution of a sentence of death should be considered sufficient to entitle the person under sentence of death to invoke Art. 21 and demand the quashing of the sentence of death."

2. In Sher Singhs case (AIR 1983 SC 465) which was a decision of a three Judges Bench it was held that a condemned prisoner has a right of fair procedure at all stages, trial, sentence an