JUDGMENT - VISHNU SAHAI, J. :---Since these two connected Criminal Appeals arise out of same set of facts, we propose disposing them of by a common Judgment.

2. Vide judgment and order dated 25-8-1993 the IIIrd Additional Sessions Judge, Nasik convicted the three appellants of the two connected appeals, under sections 460 I.P.C. 396 read with 397 I.P.C. and 302 I.P.C. and sentenced them to undergo 7 years R.I. and to pay a fine of Rs. 1000/- in default R.I. for a period of one month, under the first count; 7 years R.I. and to pay a fine of Rs. 2000/- and in default of payment of fine, to undergo 2 months R.I. under the second count; and R.I. for life and to pay a fine of Rs. 3000/- in default of its payment, to further undergo 3 months R.I., under the third count. The substantive sentences of the appellants were ordered to run concurrently.

3. The informant one Rakeshchandra Goyal P.W. 1 was the neighbour of deceased Barjorji Paymaster. His evidence is that appellant Edward John Ingal was working as a cook at the house of the deceased and appellant Lawrence John Ingal had previously worked at the house of the deceased.

According to the informant, on 29-11-1991 at about 6 a.m. appell

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