Judgment

M.K. Mukherjee, J.-These two appeals have been heard together as they are directed against one and the same judgment rendered by the Rajasthan High Court while disposing of D.B. Criminal Appeal No. 118 of 1985. By the impugned judgment the High Court upheld the convictions and sentences recorded against Mohd. Aman (one of the appellants in Criminal Appeal No. 1749 of 1996) under Sections 302 and 460 IPC and against Mohd. Yusuf (the other appellant in Criminal Appeal No. 1749 of 1996), Babu Khan (appellant in Criminal Appeal No. 1833 of 1996) and one Mohd. Iqbal (who has not filed any appeal) under Sections 302, 460 and 380 IPC.

2. The prosecution case, briefly stated, is as under :

(a) Jafar Alam (the deceased), who was a widower and had no issue, was a resident of Mohalla Bas, in the town of Nagaur. He had no arrangement of his own for cooking food and his close relatives including Sabir Hussain (P.W.10) who lived nearby used to serve him daily. On April 13, 1983 at or about 10 A.M. when her niece Mrs. Manohar (P.W.3), went to his house carrying his food she found the main door of the house open. She entered the house and called Jafar Alam but did not get