M.Y.Eqbal, J.

1. A division Bench of this Court, while hearing the instant appeal, doubted the correctness of the Full Bench judgment of this Court in the case of Krishna Bhagwan V/s. State of Bihar (1991) 1 BLJR 321, referred the matter to a larger Bench to consider the correctness of the judgment of the Full Bench in view of the law laid down by the Supreme Court in the case of Gopinath Ghosh V/s. State of West Bengal -- . The Division Bench of this Court is of the view that although in Krishna Bhagwan case (supra), the Full Bench relied upon the decision of the Supreme Court in Gopinath Ghosh case but it has omitted to consider paragraph 11 of the judgment of the Supreme Court. This is how the matter has been placed before us for answering the reference.

2. In the instant case, two appellants have been convicted under Sections 302/34, I.P.C. and sentenced to imprisonment for life. Appellant No. 1, Gopal Nag is the son of appellant No. 2, Lai Mohan Nag. It was argued before the Division Bench that there is clinching evidence of fact that appellant No. 1 was minor at the time of occurrence which took place on 26.12.1991. It was contended that according to assessment made b