( 1 ) THE question referred to the Pull Bench is this :

"can a High Court in an appeal from conviction under Section 323, Penal Code, alter the conviction of the appellant to one under Section 302, Penal Code, with which he had been charged and, in exercise of its revisional jurisdiction, after having previously given notice for enhancement of the sentence, enhance the sentence of imprisonment to one of death or transportation for life. "

( 2 ) THE circumstances in which this reference to the Full Bench has come to be made may be briefly indicated. Eight persons in all were put upon their trial for offences under Section 148 and Sections 302, 325 and 323 read with Sections 149, Penal Code. As the result of the trial by the Sessions Judge, five of the accused persons were acquitted altogether i. e. , of all the charges, while the three appellants were acquitted only of the charges under Section 148 and Sections 302 and 325 read with Section 149, Penal Code. They were, however, convicted of an offence under section 323, Penal Code, and were sentenced each to rigorous imprisonment for one year.

( 3 ) THE three appellants filed an appeal in this Court challenging their con