The earlier of the Original Petitions above mentioned is by the 3rd accused in Sessions Case No. 53 of 1968 and the other by the Ist accused in that case. They along with some others stood trial for offence punishable under S.395 of the Indian Penal Code, 1860 The points raised for consideration in Ext. P1 judgment in that case were:

(1) Whether P. W.1 had brought Rs 5000 with him on 21-12-1967 to Trivandrum for the purpose of purchasing black gram as alleged.

(2) Did the 4th accused take P W.1 from the Sundar Tourist Home to Peroorkada on 23 121967 on the pretext that black gram was available there at cheap rate.

(3) Did the accused persons commit the offence of dacoity in pursuance of a pre-prepared plan as alleged.

(4) What should be the sentence to be awarded to the accused.

The learned Sessions Judge in Para.38 of Ext. PI judgment said that the prosecution has not clearly proved that P W. I had brought Rs. 5000/- when he came to Trivandrum on 2112 1967 and that became to Trivandrum to purchase black gram; there is no reliable evidence to show that the 4th accused took P. W. I to Peroorkada in the noon on 23121967; the uncorroborated testimony of P. W. 1 regarding the in