ORDER

Agarwal, J. -- 1. Heard on I.A.No.15469/2025 and I.A.No.12906/2025, which are first applications filed under section 389(1) of the Code of Criminal Procedure, 1973 (for short “Cr.P.C”) for suspension of sentence and grant of bail to the appellant Deepak @ Golu in Criminal Appeal No.3618/2025 and the appellant Rikesh @ Guddu in Criminal Appeal No.5236/2025.

2. Shri Sanjay Sharma, Advocate and Smt.Archana Tiwari, Advocate for the appellants pray for withdrawal of the aforesaid applications.

3. I.A.No.15469/2025 and I.A.No.12906/2025 are accordingly dismissed as withdrawn.

4. With the consent of learned counsel for the parties, these appeals are finally heard.

5. These appeals are filed being aggrieved of judgment dated 12.3.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, Balaghat in SCATR No.129/2019 convicting the appellants, namely, Deepak @ Golu and Rikesh @ Guddu Padwar for the offence under sections 302/34 & 201 of the Indian Penal Code, 1860 (for short “I.P.C”) and sentencing them to undergo imprisonment for life and rigorous imprisonment for one year with fine of Rs.1,000/- & Rs.500/- each and in default of payment of fine to undergo additional rigorous imprisonment for one year and rigorous imprisonment for three months respectively with a further direction to run both the jail sentences concurrently.

6. The prosecution case in brief is that on 10.10.2019, a dead body was found in a minor canal situated at Village Dadiya which on investigation was found to be the dead body of Subhash Ladhiya. The Dehati Merg Intimation No.0/2019 was recorded by the complainant Ruplal Ladhiya S/o.Mohanlal Ladhiya at Police Station Bhedaghat, District Jabalpur for the offence under sections 302 and 201 of the I.P.C. On reaching the police station, the actual Merg No.66/2019 under section 174 of the Cr.P.C was registered.

7. In Dehati Nalisi, the complainant Ruplal had informed that he is resident of Village Sahajpur under Police Station Bhedaghat, District Jabalpur. He is having vocation of preparation of brooms. Every year, they visit Lalbarra area to collect "Chhind Ki Patti’’ which is used in preparation of the brooms. On 7.10.2019, Ruplal, Sumit Jharia, Subhash Ladhiya had visited Lalbarra from Jabalpur. At about 7:00 pm, when they were proceeding to Village- Dadiya, at that time, they had met Golu Narbode and his relative Rohit Meshram at Amoli, who had dropped them on their motorcycle upto Dadiya Potiyapat Temple. Subhash and Golu had stayed back together. Next day, Sumit had some work at Jabalpur, therefore, he went back to Jabalpur. Ruplal came to the house of Golu and asked for whereabouts of Subhash Ladhiya when he informed him that he had dropped Rohit and Subhash Ladhiya upto the Village-Bamhni and thereafter he has no idea about the whereabouts of Subhash. According to Ruplal, he had tried to search for Subhash at Villages-Dadiya, Bamhni & Lalbarra but he could not trace him and on 10.10.2019 at about 10:30 am, the villagers had informed him that a dead body was lying near the culvert of minor canal and when he had gone there, he found the body to be that of his nephew Subhash Ladhiya, which was having injuries on the head and private parts. The neck of the dead body was tied with a ‘’Sutli’’ and he was in a naked condition. A report of the incident was lodged that Subhash was murdered through strangulation by some unknown person and to suppress the death, the dead body was thrown in the minor canal.

8. It has come on record that during investigation on the basis of suspicion, Deepak @ Golu Narbode and Rohit Meshram were interrogated, who had accepted their guilt and then it was stated that Deepak, aged about 25 years, Juvenile Rohit, aged about 16 years and Rikesh Padwar, aged about 39 years had met Subhash Ladhiya to consume alcohol and with an intend to Loot him, they had defrayed Rs.1,800/- and thereafter Subhash Ladhiya was put to death as per the memorandum statement.

9. On the basis o