``On the fact situation of this case and in view of the distance of time, particularly in view of the long period of 13 years during which appellant (Gian Singh) was languishing in jail under the spell of death penalty, we are persuaded to award the lesser alternative that is imprisonment for life,'' a three-judge bench of the court said.

However, the bench said, ``We confirm the conviction of the appellant of the offences under which he stands convicted by the designated court as per the impugned judgement.''

Gian Singh and Jurnail Singh opened fire on the stage at Sherpur gurudwara from where Longowal was addressing a meeting on August 20, 1985. Longowal died of bullet injuries sustained from the attack. Gian Singh was arrested on the spot but Jurnail Singh is yet to be traced.

GianSingh had appealed in the Supreme Court against the order of the designated court convicting him in the case and awarded him death sentence provided under TADA, 1985.

The bench comprising Justice G B Pattanaik, Justice S P Kurdukar and Justice K T Thomas said, ``There is no dispute that appellant and Harvinder Singh alias Villa were overpowered by people at the same site and they were arrested by the police."

The court further said, "We are also in agreement with the finding of the designated court that the appellant was one of the assailants, who used fire arms aiming at Sant Longowal and his associates who were present at the meeting."

However, the bench said as the TADA, 1987 provided a lesser punishment for the same crime, ``the exclusivity of the extreme sentence contained in section 3(2) of TADA 1985 must stand superseded by the corresponding benevolent provision in TADA, 1987."