Basant,J.

(i) Does a criminal appellate court, in an appeal against conviction, have the power under Sec.386(b)(i) of the Code of Criminal Procedure (hereinafter referred to as `the Code') to direct re-trial of the appellant by the court below for the purpose of imposing an appropriate and just punishment after upholding the conviction and setting aside the sentence?

(ii) Is the expression "reverse the finding and sentence" in Sec.386(b)(i) of the Code elastic enough to justify it being read as "reverse the finding and/or sentence"?

(iii) If injustice results, can the revisional court invoke its powers of revision notwithstanding the fact that the lower appellate court has not technically committed any error?

(iv) Does the decision of the learned single Judge in Vijayakumar v. State (2009(3) KLT 499) lay down the law on this aspect correctly?

2. These questions arise for consideration in this revision petition which has come up before us on a reference made by a single Judge (one of us). We have initially considered the question whether it would be correct for a Judge making the reference to be part of the Bench hearing the reference also. We are unable to perceive any