( 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 7-10-1959 and 8-10-1959 at or about 1 a. m. Ram Singh and Gopal entered the bed room of the Kapoors and committed the murder. The family were sleeping indoors on a composite bed enclosed by a single mosquito net. The bed was placed east to west, the head towards the east and feet towards the west. Mrs. Kapoor lay on the southern edge of the bed, Mr. Kapoor in the middle and their little girl on the northern edge. The wooden shutters of the door of the bed room were opened but the wire gauze shutters were closed and bolted from inside. An electric bulb of high power was switched on in the verandah in front of the bedroom door and another radiated its light from a braket fixed to the outer wall of the verandah. At or about 1 a. m. Mrs. Kapoor was disturbed and awakened by what she subsequently described as a groaning noise coming from her husband. She saw Gopal who was standing by the head of the bed, in the act of pulling out a knife from her husbands chest. At that very moment she also saw Ram Singh who was Standing by the southern edge of the bed where she lay, attempting to stab her husband with a knife. Mrs. Kapoor threw herself on her husband and thereby succeeded in taking Ram Singhs knife blow OH the left side of her back. She, however, managed to grip Ram Singh accused and never let him go. At the same time she screamed for help. She kept a firm hold all the time on Ram Singh whose knife fell from his hand. Ram Singh, however, made a desperate effort to free himself and dragged Mrs. Kapoor through the door of the bedroom into the verandah. During this struggle the other assailant Gopal gave her a blow with his knife which injured her left arm. He managed to run out and escaped but Ram Singh was held by Mrs. Kapoor in heir grip. Meanwhile, her cries had aroused others. Those, who reached quickly on the scene were, Mr. B. R. Kriplani, the senior engineer mentioned above, Ajab Singh, the head Durwan of the Hind lamp Colony, and Rati Bhan a night watchman who was present near-by. They were just in time to see Gopal running away with a knife in his hand. They, however, got hold of and overpowered ram Singh who had not been able to shake off. Mrs. Kapoor. They shut him up in a room and proceeded to search for Gopal. Within a few minutes Ajab Singh and Rajti Bhan secured Gopal who had retired to the servants room in the house of Dr. Bhattacharya. Mr; Krip-lani then wrote out in English a report for the police which was taken to the police station Shikohabad by the supervisor of the Lamp factory. The Sub Inspector reached the spot at or about 2-30 a. m. and made out the usual recovery list in the presence of the witnesses and prepared an inquest report. He also made a sketch of the locality or site plan as it is usually called. Mr. Kapoors dead body was sent