S.S.SANDHAWALIA, J.

1. Can the High Court acting in its revisional jurisdiction under S.397 of the Criminal P.C. 1973, constrict the scope of a petition in revision, directed against a judgment of conviction to the limited point of sentence only - is the significant question necessitating this reference to the Division Bench. Equally at issue is the correctness of the view of a number of judgments of this Court holding to the contrary under the provision of the old Code as also of the present one.

2. The facts deserve notice with relative brevity. The petitioners were brought to trial upon a complaint before Sri Ishwari Prasad, Judicial Magistrate and were convicted under S.386 read with S.34 of the Penal Code. And petitioner No. 1 was also convicted under S. 379 IPC and were sentenced to six months rigorous imprisonment. The petitioners then preferred an appeal before the Sessions Judge, which was heard by the 2nd Additional Sessions Judge, Sasaram, who by his detailed judgment accepted all the findings of the trial Court and further (held) that the offences under S.386 read with S.34 IPC were made out against all the petitioners and that the offence under S.379 IPC was al