Fact of the case :
Appellant was the brain behind a cruel conspiracy to impersonate Customs officer’s pretend to question unsuspecting visitors to the city of Madras, abduct them on the pretext of interrogating them, administer sleeping pills to the unsuspecting victims, steal their cash and jewels and finally murder them.
The appellant was sentenced to death in January, 1975 on a charge of committing wicked (evil / morally wrong) and diabolic murders and since then he was in solitary confinement. Before conviction, he had been a ‘prisoner under remand’ for two years.
The appellant’s contention was that to take away his life after keeping him in jail for ten years, eight of which in illegal solitary confinement, would be violative of Art. 21. Allowing the appeal and converting the sentence of death to one of imprisonment for life
Held : “It was held 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. It is therefore accept the special leave petition, allow the appeal as also the Writ Petition and quash the sentence of death. In the place of the sentence of death, Court substitute the sentence of imprisonment for life”.