JUDGMENT

V. Sivaraman Nair, J. - The accused in C.C. No. 71 of 1982 on the file of the Judicial First Class Magistrate, Ottapalam is the petitioner in this case. He had unsuccessfully appealed his conviction under section 394 of the Indian Penal Code and the sentence of rigorous imprisonment for three years before the Court of Session, Palghat in Criminal Appeal No. 163 of 1982. The challenge in this petition is against the judgment of the Court of Session confirming his conviction and sentence.

2. The facts are only a few, but the points involved are matters of great moment in the context of rights for personal liberty under Articles 14 and 21 of the constitution in the context of the obligation of the State to provide legal aid to the poor as provided under Article 39A of the Constitution and section 304 of the Code of Criminal Procedure.

3. The petitioner is alleged to have threatened P.W. 1 a female school teacher, with a dagger at about 7.30 P.M. on 22-3-1982 while P. W. 1 was returning along a Panchayat road from Vengali temple, and he is alleged to have caught hold of a golden chain worn by P.W. 1. Since she resisted the petitioner's attempt to snatch away the chain the pe