2. This Reference came on for hearing before the late Chief Justice and Mr. Justice Rankin, as he then was, on the 21st May 1926, when the attention of the learned Judges having been drawn to the conflict of opinion, as disclosed in the judgments in the cases of Emperor v. Raja Probhat Chandra Barooah , and Emperor v. Indu Bhusan Sarkar A.I.R. 1926 Cal. 819 questions II and III were referred by the learned Judges to a Full Bench for decision.