(1.) THIS appeal is directed against the order dt. 5 -10 -1976 by Sri. R.K. Gupta, Sessions Judge, Etah in Sessions trial No.497 of 1975.
(2.) APPELLANT Brij Raj Singh was con -victed under Section 302 of the Penal Code, co -accused Phool Singh who is dead now and whose appeal abates, was convicted under Section 302. I.P.C., read with Section 34 I.P.C. each appellant was sentenced to Imprisonment for Life;
(3.) IT was about four months prior to occurrence that Brij Raj Singh and his associate Phool Singh attacked Ram Swarup and Srichand. A report about that incident way lodged at police station and the appellants were sent up to stand their trial which was pending at time of occurrence.