( 1 ) THIS reference arises under the following circumstances : these two Criminal Appeals viz. , Cri A. No. 319 of 1997 C/w Crl. A. 67 of 1997 arising out of the judgment of the I Additional Sessions Judge, Bijapur, in S. C. No. 78 of 1991 have been disposed of by the Bench vide judgment dt. 16-7-2002. The Division Bench allowed both the appeals filed by the accused and the State holding A1 guilty of the offence punishable under S. 304, Part II, IPC who is sentenced to undergo R. I. for five years and also to pay a fine of Rs. 500/- with default clause and A4 is acquitted of the said offence. In the same judgment, the Bench reversed the judgment of acquittal recorded by the trial Court and convicted A2 to A4 and A6 and A7 who are respondents in Crl. A. 319 of 1997 for an offence punishable under S. 324, IPC and sentenced them to undergo R. I. for six months and to pay a fine of Rs. 1000/- each with default clause. The benefit of S. 428, Cr. P. C. is also extended to the accused persons. After disposal of these two appeals, an application was made before the Bench for extending the benefit under S. 4 of the Probation of Offenders Act in respect of R3 on the ground that