GUPTA, J.

( 1 ) STATE of Rajasthan has directed this appeal under Section 378, Cr. P. C. against the order of acquittal recorded by the learned Sessions Judge, Udaipur vide judgement dated 25-10-1978.

( 2 ) THE case relates to the murder of Smt. Chokhi (50 years) which is said to have taken on 21-12-1977 in village Morila. Roda gave first information at the Police Station, Solumber that Smt. Chokhi wife of his brother Gota had gone to collect fodder from Jungle some two days back but she did not return and it is only on that day that he has come to know that the dead body of Smt. Chokhi was lying in Kabutar Khadi. On this report F. I. R. No. 14/77 was registered. During investigation, the police got the post-mortem examination of the body of Smt. Chokhi done by Dr. Ramesh Chandra Sharma, P. W. 1, interrogated the witnesses and arrested the accused. On the alleged information of the accused ornaments belonging to Smt. Chokhi were recovered and Kulhari was recovered. After completion of the investigation, the police submitted challan.

( 3 ) THE learned Sessions Judge framed charge under Sections 302, 201 and 379 and in the alternative under Section 404, I. P. C. against th