STATE OF MADHYA PRADESH Vs. TANTOO ALIAS HALKEVEER

JUDGEMENT

(1.) The respondent in reference who is also the appellant in appeal has been convicted for the offence of murder punishable under S. 302, I. P. C. by Sessions Judge, Raisen, vide Judgment dated 19-12-1997. He has been sentenced to death by hanging. This was in Sessions Trial No. 186/95.

(2.) The trial Court has found that on 25-6-1995 at about 6 p.m. in village Mehka, in jungle area, this accused Tantoo alias Halkeveer, aged about 19 years committed murders of Vindraj Singh, aged about 13 years and Ramendra Singh, aged about 15 years while they all, along with Ramkesh aged about 11 years (PW 3) and Kamlesh, aged about 15 years (PW 5), had gone to the forest to collect leaves. At that time, the deceased Ramendra Singh, expressed his desire to go home as he was thirsty, but the accused had insisted upon him to first complete the picking up of leaves. Since, Ramendra Singh, refused to do so, the accused hit him on his abdomen with Hasia and when the deceased Vindraj Singh tried to stop the accused from attacking Ramendra Singh, the accused assaulted Vindraj Singh also with Kulhadi on his head and face. They died on the spot itself. So the accused was convicted of these murders.

(3.) The prosecution case further was that Ramkesh (PW 3) and Kamlesh (PW 5) informed Lakhan Singh (PW 2) who was related to the deceased in the village. Lakhan Singh came to the scene of crime and found the dead bodies. He gave First Information Report Ex. P. 3 on 26-6-1995 at about 6.30 p.m. to C. L. Verma, A. S. I. (PW 7) at P. S. Devri. Thereon, P. W. 7 rushed to scene of crime and prepared a site plan vide Ex. P. 4. He also prepared inquest reports, Ex. P. 6 and P. 7 on the two dead bodies in the presence of witnesses and seized from that spot, blood stained earth, control earth, stalk of leaves, vide seizure memos Ex. P. 9, P. 10 and P. 11.