V.G. Palshikar, J.-This appeal is directed that against the Judgment dt. 1-9-92 passed by the learned Sessions Judge, Udaipur in Criminal Case No. 1791 convicting the appellant-accused of offence under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

2. Theprosecution story stated briefly is that at about 1.30 p.m. on 24th October, 1990, first information report was lodged in Police Station, Parsola to the effect that one Paduri aged about 55 years has been killed by the accused as he wanted to take up the land belonging to Paduri who was a childless woman. It was alleged in the first information report that one Nathia sb Chokha Meena has killed Paduri and this information was given to Kesia who lodged the first information report by Kalu S/o Roopa who directed to lodge the information with the Police. On the basis of this report, investigation was taken up and on completion of investigation, the accused was prosecuted as aforesaid and convicted by the impugned Judgment . The learned counsel for the appellant has contended that the Judgment of conviction is unsustainable in law. According to the learned counsel, only one person was named