IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE VIVEK AGARWAL &

HON’BLE SHRI JUSTICE RAMKUMAR CHOUBEY ON THE 11TH OF DECEMBER, 2025 CRIMINAL APPEAL NO.14309/2023 MANIRAM SALLAM AND ANOTHER VS.

THE STATE OF MADHYA PRADESH ------------------------------------------------------------------------------------------

Appearance:

Shri Anand Nayak, Advocate for the appellants.

Shri Nitin Gupta, Government Advocate for the respondent/State.

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JUDGMENT

Per : Shri Ramkumar Choubey, J.

Albeit, the matter is listed for consideration of I.A.No.15475/2025, which is first application filed under Section 389(1) of the Code of Criminal Procedure, 1973 (for short "CrPC") for suspension of sentence and grant of bail to the appellants, however, rather pressing on the said application, the learned counsel for the parties concur to argue the matter finally. Thus, it is heard finally.

2. This criminal appeal has been filed under Section 374(2) of CrPC by the appellants assailing the impugned judgment dated 23.09.2023 passed by the learned III Additional Session Judge, Nainpur, District Mandla, in S.T. No.05/2023 thereby convicting the appellants under Section 302/34 of IPC and sentencing them to suffer life imprisonment and fine of Rs.1,000/- each and in default of payment of fine, RI for two months each.

3. The encapsulated facts necessary to reach a decisive conclusion are that on 05.01.2023, the first informant Pratapsingh Uike has made a report stating that his father Pachlu Singh Uike (deceased) was an Exorcist and used to visit nearby villages on being called. On 03.01.2023, the deceased had gone to village Tilri, but did not return and then on 04.01.2023, at about 4’0 clock in the afternoon one Hallibai, resident of village Tilri, informed the first informant that his father (deceased) was sleeping in the courtyard of Saraswati Bai’s house and appellant Sukhdeo was also with him. On 05.01.2023 at 9:00 am, Sarpanch Sobharam telephonically informed the first informant that the dead body of the deceased was lying in Kopenala of village Tilri, near Pagdandi road and there were injuries on the body of the deceased and blood after oozing had clotted. After receiving that information, Pratapsingh along with relatives reached the spot and found the dead body of his father and also found certain injuries on his head, near eyes, multiple abrasions on his back and found that some unknown person after dragging his father, had killed him. On that basis, Dehati Marg Intimation No.0/23 was registered under Section 174 of CrPC and thereafter, Dehati Nalishi was registered vide Crime No.0/23 for offence under Section 302 of IPC.

3.1 During investigation, the statements of witnesses were record and on that basis, FIR vide Crime No.02/2023 for offence under Section 302 of IPC was registered at Police Station Khatia, District Mandla, against the appellants. Spot map was prepared. The dead body was sent for postmortem and articles seized from the appellants/accused were sent for FSL analysis. The accused were arrested and their memorandum were recorded under Section 27 of the Evidence and blood stained shirt and a bicycle belonged to deceased lying in the courtyard of appellant Maniram’s house were seized at the instance of appellant Maniram and one Gamchha containing blood stains was seized from the appellant Sukhdeo from his house at his instance. Thereafter, Section 201, 34 of IPC were added.

3.2 After completion of investigation, a final report was submitted to the Court of Judicial Magistrate, First Class, who committed the case to the Court of Session, being exclusively triable by it.

3.3 At trial, the appellants abjured their guilt and pleaded fallacious implication, although they did not chose to examine any witness in defence. On the fulcrum of material gleaned by the prosecution and the evidence addu