( 1 ) THIS petition raises a somewhat unusual and peculiar situation arising from the decision of this Bench in Criminal Appeal No. 256 of 1985 (reported in 7999 (2) GLR 1086); allowing the acquittal appeal preferred against the judgment and order dated 14-11-1984 passed by the learned Additional sessions Judge. Rajkot in Sessions Case No. 34 of 1984. acquitting the respondent of the charges of robbery, murder and receiving. stolen properly. The case of the petitioner Mahendra Harjivan Luhar is that he has been wrongly put behind bars though he was not the real accused in the Sessions Case and the respondent No. 5 Ratilal, his younger brother had been tried for the offences, under his name. According to the petitioner, he is the eldest amongst five brothers and the names of his other brothers are Himmat, Ratilal, Narsi and Ganesh. It is stated in the petition that on 12-6-1984, Rajkot Police had arrested the petitioners brother Ratilal the respondent No. 5 herein, in connection with the offences punishable under Sees. 302, 459. 397 and 411 of the Indian Penal Code and it was the respondent No. 5 who was taken in custody during the trial of Sessions Case No. 34