N.N.SHARMA J. - (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; Prosecution story briefly stated is that appellant Brij Raj Singh and deceased Sri Chand were co -villegers, residents of village Bhadwas police station Nidholikalan, district Etah. An election for the office of Pradhan took place in this village and appellant Brij Raj Singh was opposed by Jodh Singh. Rani Swarup, P.W.5. own brother of Srichand supported Jodh Singh which was unpalatable to Brij Raj Singh.
(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.;