( 1. ) THE petitioners in this application under section 482, criminal Procedure Code complain of denial of hearing by this Court on sentence imposed upon them in Criminal Appeal No. 328 of 1984 (State vs. Halkesingh and 3 others), decided on 20th September, 1988 wherein this Court had convicted them, for the first time of offence punishable under Section 324/34, Indian Penal code and sentenced them to rigorous imprisonment for two years each. They contend that if this Court had heard them before deciding upon the sentence, they might not have been ordered to go back to jail after such a long lapse of time. The petitioners were charged for offence punishable under section 302/34, Indian penal Code but were acquitted by the Addl. Sessions Judge, Gadarwara in sessions Trial No. 34 of 1982, decided on 29-11-1983. The appeal decided by this court was the appeal against their acquittl wherein this Court written the verdict "guilty" against the petitioners and sentenced them, as aforesaid. There is no dispute that the petitioners were not heard on sentence after this Court held them guilty, as aforesaid. It is, therefore, a case where the petitioners were, for the first time co