S. S. Sandhwalia. C. J.

Whether a criminal charge of substantive murder under Section 302 of the Indian Penal Code involves moral turpitude or not is the somewhat enigmatic question before this Full Bench, Pointedly at issue is the correctness of the Division Bench Judgment in Adya Singh-vs-The State of Bihar and other holding somewhat vacillatingly that it does not.

2. The petitioner hails from Village Barhi Dih, and was employed as an Assistant Teacher in the Government Primary School, Hewal, under the Keredari Block. On the 29th September, 1984, a first information report under Section 302 of the Indian Penal Code and allied offences was recorded at the Barhi Police Station, pertaining to the murder of one Sarju Sao of Village Barhi Dih. The petitioner was arrested on that charge on the 12th of November, 1984, and it was not till 3 months later, i.e., On the 12th of February, 1985, that he was enlarged on bail. On the 23rd of May, 1985, the petitioner was served with a charge-sheet on two counts namely, the murder of Serju Sao of his native village and for remaining absent from the School without any prior information (vide Annexure 1'), to which he replied, Respondent No