(1.) Krishna Iyer, J. speaking for himself and on behalf of D.A. Desai, J. and A.P. Sen, J dissenting for the Three Judge Bench in Rajendra Prasad v. State of U.P., 1979 3 SCC 646 has held so.
(2.) One could, perhaps, little imagine that the same may have axiomatic application at some posterior stage. While considering this intra party Appeal, we are ruefully reminded of the same.
(3.) In order to have a whole hog of the issue that would surface for our discussion in this intra party Appeal, we would so as to have a purposeful deliberation, set out in details background facts leading to filing of the present Appeal.