JUMMAN KHAN vs STATE OF U.P.

The Supreme Court dismissed the writ petition challenging the death sentence, affirming the constitutional validity of capital punishment as established in Bachan Singh v. State of Punjab, [1980] 2 SCC 684. The Court held that there was no undue delay in execution and that the mandatory provisions of Section 235(2) of the Code of Criminal Procedure, 1973 were complied with, as the petitioner had been heard on the question of sentence. The plea regarding non-compliance was raised too late, and thus the death sentence was upheld.