A.V. Chandrashekara, J.

1. Appellants herein were accused in a criminal case in S.C. 118/10 which was pending on the file of Additional Sessions Judge, Raichur. Both of them have been convicted for the offences punishable under Sections 364A, 302 and 201, I.P.C. vide judgment of conviction dated 3.5.2014. They have been sentenced to undergo imprisonment for life relating to the offence punishable under Sections 302 and 364A, I.P.C. and to undergo RI for a period of 7 years and to pay a fine of Rs. 10,000/- each for the offence punishable under Section 201, I.P.C.

2. It is this judgment of conviction and sentence which is called in question on various grounds in this appeal filed under Section 374, Cr.P.C.

3. After concluding investigation, the Inspector of Police, Sindhanur, Raichur District, had filed a charge sheet against these accused for the above said offences read with Section 34, I.P.C.

4. The gist of the allegations made in the charge sheet is that both the accused had suffered huge financial loss in their business and therefore, they had made up their mind to kidnap the son of Sohan Singh, a small boy aged 8 years in order to demand ransom from Sohan Singh. On 12.3.2008 at about 7.00 p.m., both the accused kidnapped the said boy-Abhishek from the textile store of the complainant and took him on a motorcycle bearing registration No. KA-36-L-4728. They had an apprehension that if he was set free, he would disclose their names to his parents and therefore, they took him to the land of Holeyappa on the outskirts of Somlapura village and murdered him by forcibly pushing a handkerchief into his mouth and later on setting him ablaze by pouring petrol.

5. In order to bring home the guilt of the accused, the prosecution has examined in all 32 witnesses inclusive of two additional witnesses. Ten material objects and 32 exhibits have been got marked. Both the accused have been examined under Section 313, Cr.P.C. Their defence is one of total denial of all the allegations levelled against them.

6. We have heard arguments advanced by Mr. Ershad Ahmed, learned counsel for the appellants and Mr. Prakash Yeli, learned Additional SPP representing the State.

7. PW 1 - Sohan Singh, father of the deceased has testified about the incident in question. He knew 1st accused who had owned a small garment shop adjacent to his shop. The 2nd accused was a friend of the 1st accused and was running a small hotel at Sindhanur. On 12.3.2008, the children of PW 1 came back from their school and the younger son-Abhishek was feeling hungry and therefore, PW 1 asked his servant-Dinesh to bring idli and vada. After some time, Abhishek was not to be seen and therefore, PW 1 searched for him. In spite of his best efforts the boy could not be traced. Hence he lodged a missing complaint. At 8.00 p.m. on the next day he came to know that his son-Abhishek was found murdered and burnt in Somlapur village. Immediately his brother-Arjun Singh went to the spot and identified the body of the deceased as that of Abhishek.

8. On 21.2.2010, police summoned PW 1 to the police station and showed accused Nos. 1 and 2 to know as to whether he could identify them. According to PW 1, police told him that they had murdered his son in the year 2008. Therefore PW 1 asked the 1st accused as to why he did so and then 1st accused is stated to have confessed that he was in utter financial difficulty and therefore he kidnapped Abhishek and killed him. He is stated to have further confessed to PW 1 that he gave Re. 1 to Abhishek and lured him to come to his shop. When Abhishek came, he gave him a piece of bread mixed with sleeping tablets and with the help of accused No. 2, took Abhishek to Somlapur and forcibly inserted a handkerchief into his mouth and killed him and later on burnt his body by pouring petrol. He is stated to have used the motorcycle-M.O. 2.

9. PW 3 - Vedamitra is the Panch witness and according to the police, accused Nos. 1 and 2 confessed before him about kidna