SREEDHARAN, J.

These matters have come up before us on reference made by two learned Single Judges of this Court. One of the reference orders states that a deadlock has been created by two varying decisions rendered by two learned Single Judges on the same subject matter. Consequently, these matters have been referred for solving the said deadlock.

2. Short facts necessary for the disposal of these matters are as follows. - Petitioners in Crl. MC 1144/1989, and Crl. MC 566/1993 were co-accused in a large number of cases. In majority of those cases, they were charged with offences punishable under section 457, 380 or 392 read with Section 34, of the Penal Code. In one case, namely SC 32/1986 on the file of the Assistant Sessions Judge, Irinjalakuda, the offences charged against them were under Section 376(g), 380, 392, 451, and 465 read with Section 34 of the Penal Code. Learned Sessions Judge convicted them in that case and sentenced them to undergo rigorous imprisonment for ten years. That conviction and sentence were upheld by this Court.

3. In CC 150/1986, on the file of the Judicial First Class Magistrate's Court, Kodungallur, petitioners above mentioned were charge