( 1 ) THIS appeal was heard by my learned brothers Das and Panigrahi JJ. They differed in their opinions. Hence it was placed before me for placing it before a third Judge under the provisions of Section 429, Cr. P. C. This case has been proceeding since August, 1949 and all the while the accused has been in prison as she was charged under Section 302 and certain other sections of the Penal Code and convicted under Section 804,. P. C. and sentenced to 4 years R.. by Mr. D. N. Das, Ses J. , Mayurbhanj Balasore and has never before been enlarged on bail. Notwithstanding that one of the learned Judges of this Court in a well reasoned judgment has adjudged her innocent of the offence, she has not yet been taken out on bail, probably there being none to look after her in this world. Under the circumstances, I felt the necessity of taking up the case, the only other Judge available and the third Judge being absent from the station on duty. Besides, I consider it fair to the learned Judges who heard this case that this third Judge should be one senior to any one of them. The diversity of opinion of the two judges of the Court is strange. They have seen the things as at poles as under. Hen