( 1 ) RAM Singh and Gopal have been sentenced to death by the learned Sessions Judge, Mainpuri for the murder of Mr. Kunwar Krishna Kapoor. The case of the prosecution against them very briefly was this. At the time of his murder M. Kunwar Krishna Kapoor was employed as senior engineer in Hind Lamp Works (Private) Limited, Shikohabad and was drawing a salary of Rs. 900/- and odd per mensem. He was married and had two children a son about 8 and a daughter about 4 years of age. Ram Singh was employed as a domestic servant by Mr. and Mrs. Kapoor. Gopal was in the domestic service of a gentleman by the name of Dr. Bhattacharya who was also employed by the same company which had provided residential quarters for its senior officers. The bungalow of Mr. and Mrs. Kapoor adjoined that of Dr, Bhattacharya both facing south and being almost similar in size, construction and design. In the colony there also lived Mr. B. R. Kriplani who was also a senior engineer of the Company with a salary of Rs. 1250/- per mensem. The prosecution case is that on 5-10-1959 Mr. Kapoor drew his monthly salary of Rs. 900/- and odd which he brought home. Two days later during the night between 7-10-19