1. - The appellant Narain was convicted of the offence under Section 302 and also for the offence under Section 201 Indian Penal Code by the Sessions Judge, Dungarpur and on the first count he was sentenced to imprisonment for life and on the second count no separate sentence was awarded.

2. The prosecution story in brief is that Mohan, the brother of the accused Narain lodged a report Ex. P. 8 at the Police Station Dhamola at about 9.45 P.M. that this younger brother's wife Mst. Kali had gone from the house in the evening with a earthern pitcher, metal pitcher and a string along with a blouse but she did not return for a sufficient time. Thereupon his brother Narain went to the well. He found the pitchers and blouse lying their but he did not see his wife.He then raised an alarm which attracted Bhaga s/o Rama and kalu s/o Nava. The dead body was taken out. On this report, proceeding under Section 174 Cr.P.C. were initiated and autopsy on the dead body was got conducted and on receipt of the post mortem report, it was revealed that the death was not caused on account of drowning and the deceased met with homicidal death. The post mortem report was received on 5th June 1982.