This application was admitted only on the question of sentence. Mr. Brajkishore Prasad, learned counsel for the petitioner has submitted that at the time of admission certain important aspects were not brought to the notice of the learned judge, who admitted the application. Those aspects, according to learned counsel, are such, which will vitiate the order of conviction. He also submitted that petitioner no. 11 is an employee of the Central Government and in case his conviction is maintained, he may lose his job. He has drawn my attention to the decisions in the case of Suggi Bind V. The State and Kamaleshwari Thakur V. State wherein it has been held that in exceptional cases, an application which has been admitted only on the question of sentence can be decided on merit also. To me this case appears to be one of the exceptional cases. I, therefore allowed the parties to address me on merit.

2. The petitioners were convicted for an offence under section 379 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of three months by the trial court. They preferred an appeal to the court of sessions which was heard by the 3rd. Addition