(1.) These appeals have been referred to a Three Judge Bench in view of a disagreement between T.S. Thakur, J. and R. Banumathi, J., reported as Chandana Das (Malakar) v. State of West Bengal, 2015 12 SCC 140. The facts that are necessary in order to decide these appeals are set out by Thakur, J. in his judgment as follows:
(2.) The question posed by Thakur, J. in paragraph 6 of the judgment was answered stating:
(3.) Banumathi, J. delivered a separate judgment disagreeing with these conclusions. She agreed with the Division Bench judgment of the Calcutta High Court, which had upset the Single Bench judgment of that Court, and held as follows: