M. K. Mukherjee, J. - (1.) These two appeals have been heard together as they are directed aginst 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, I.P.C. 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, I.P.C.
(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 any response. She then went to the inner room and found to her utter dismay that he was lying dead on the floor in a pool of blood. She rushed out of the house and informed Sabir Hussain and others. All of them then came back and noticed that there were a number of injuries on the person of the deceased, that his mouth was gagged with his tehmad and that the house was ransacked. (b) Sabir Hussain then went to Nagaur Police Station and lodged a first information report (Ext.P/7). On that report a case under Section 302, I.P.C. was registered and investigation was taken up. In course of the investigation the site was inspected and a number of articles were seized, some of which appeared to have finger-prints on them. Besides, a foot-print was noticed there, photographs of which were taken. (c) The three appellants were arrested in connection with the case on April 20, 1983 and pursuant to the statement of Babu Khan a pair of silver anklets belonging to the wife of the deceased were recovered and his blood-stained clothes were seized. Statement made by Mohd. Yusuf resulted in recovery of a blood-stained knife and four stolen silver rings. (d) Specimen finger-prints and foot-prints of the appellants were taken by the Investigating Officers and they were sent to the Expert for comparison with the finger- prints and foot-prints earlier found in the house. The seized knives and the wearing apparels of Babu Khan were also sent for examination by the Forensic Science Laboratory. After receipt of the report of the experts and on completion of investigation police submitted charge-sheet against the four accused persons including the three appellants.
(3.) The appellants pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated at the instance of the police.;