1. - The present appeal has been filed by the appellant Kalu challenging his conviction under Section 302 I.P.C. and sentence of life imprisonment alongwith fine of Rs. 5,000/- awarded by the learned Sessions Judge, Udaipur in Sessions Case No. 94/98 vide judgment dated 10.08.98.

2. The prosecution case was based on an oral report Ex.P.12 given by P.W.12 Nara on 01.10.97. On receiving the information, P.W.9 Bheru lal, Dy. Superintendent of Police, Police Station Sarada went to the scene of the occurrence. According to the report, at about 12.30 RM., P.W.12 Nara alongwith his brother P.W.14 Ganga proceeded to village Gatod. When they reached Ghantawali Naal, there they met P.W.10 Hakra and P.W.13 Manna. All these persons sat down under a tree and were smoking `beedi. They heard cries of P.W.11 Laxmi. Someone was throwing stones on her. P.W.12 Nara and P.W.13 Manna rushed to the direction where Laxmi was shouting. They saw that one person wearing `dhoti was carrying a bag on his shoulder. After seeing them, he moved towards the hill. They followed him shouting `thief, thief. On hearing the shouts, persons from Guriya village also joined them. On being surrounded by all the pe