BHERU LAL Vs. STATE

JUDGEMENT

(1.) The accused-appellant in this appeal, through Jail, has been convicted and sentenced as below vide judgment of conviction and order of sentence dtd. 12/2/2015 passed by the learned Addl. District & Sessions Judge, Nimbaheda, in Session Case No.19/2013:

(2.) Brief facts of the case are that on 7/12/2012, one Amar Singh (complainant) submitted a written report before the Police Station Nikumbh, District Chittorgarh alleging therein that the present appellant approached him and sought a house on rent by showing himself (appellant) a resident of Kankroli. The complainant was having an old house, which was given to the present appellant on rent basis, whereupon, the present appellant started living in the house with one lady, and also two girls aged about 10 and 12 years respectively. It is alleged that 4-5 days prior to submission of the said written report, the present appellant and his companion (woman) along with two girls went away. On the day of the lodging of report, the complainant went to his rented house and upon finding a foul smell emanating from the house, the police was informed and thereafter the door of the house was opened, whereupon a dead body was found lying there.

(3.) It is brought to the notice of this Court that the co-accused Anchi Bai, who was also convicted and sentenced for the same offence vide the impugned judgment dtd. 12/2/2015, preferred a separate appeal before this Court bearing D.B. Criminal Appeal No.1193/2015, decided on 11/7/2019, in which, the complete acquittal of Anchi Bai has been ordered by setting aside the impugned judgment dtd. 12/2/2015 passed by learned trial court. The operative portion passed in the said D.B. Criminal Appeal No.1193/2015, dealing with the various witnesses, reads as under :-