R.N.LAL and Indu Prabha Singh JJ.

1. This petition is considered on the reference made by. S. S. Hasan, J. (as.he then was) doubting the decision reported in 1984 BBCJ 871.Rabindra Nath Choubey and others V/s. Charai Chaman and another, decided by a Division Bench of this Court consisting of S. S. Sandhawalia, C. J. and B. P. Griyagney, J. (as they then were). Similar matter had come up before another Division Bench of this Court in Criminal Revision No. 1023 of 1980 consisting of S. S. Sandhawalia, C. J. and S. S.Hasan, J. The petition was dismissed by S. S. Sandhawalia, C. J. but S. S. Hasan, J. did not agree and held that the matter should be referred to the Honble Chief Justice to place before a larger Bench because there were several decisions of this Court taking a contrary view in the matter but it stood dismissed for default on 15-10-1987 for non-compliance of the Courts peremptory order dated 24-9-1987.

2. In the present case, S. S. Hassan, J. formulated the reference to be considered by a Full Bench that if a limited rule is issued on the question of sentence, the Court can go into the merits of the ease and acquit the petitioner, once for all. Thus, the matter ha