1. - This is an appeal against the conviction under Sections 302 and 379 of the Indian Penal Code and the sentence of life imprisonment with Rs. 200/- as fine on the charge under Section 302 IPC and sentence of two years rigorous imprisonment on the charge under Section 379 IPC imposed on the appellant Narayan by the learned Sessions Judge, Banswara.

2. On June 26, 1989 Mohan son of Badia who was later on examined as PW 1 in the case, lodged a first information report at the Police Station-Pipalkhut that Devli aged about 1.0 years who was the daughter of his paternal uncle had gone out with sheep in the jungle at about 9.00 a.m. on June 24, 1989 and when sheep returned but she did not return in the evening, the informant and his uncle launched a search for her but could not succeed because it was night time. In the morning, Mohan himself with his uncle and 8-10 persons from the Village went to the Jungle in search of Devli. She was then found lying dead on a slope of a `nala'. An injury on her throat was found and `Hansli' (a silver ornament) weighing about 200 grams which she used to wear was found missing. No one was named in this first information report because there wa