A.B. Chaudhari, J.

1. Criminal Confirmation Case was registered in this Court since In-charge District Judge-I and Additional Sessions Judge, Nagpur, by Judgment and order dated 11th June, 2012, sentenced the appellant in Criminal Appeal No. 244 of 2012 to death for offence punishable under Section 302 of Indian Penal Code. The Trial Court also found the appellant guilty for commission of offence punishable under Section 377 of Indian Penal Code and sentenced him to Imprisonment for Life and to pay a fine of Rs. 1,000/-, so also for offence under Section 364 of Indian Penal Code, sentenced him to suffer Imprisonment for Life and to pay a fine of Rs.2,000/-, and for offence under Section 367, Indian Penal Code, Rigorous Imprisonment for seven years and to pay a fine of Rs.1,000/-.

2. In Criminal Appeal No. 244 of 2012, the original accused - Appellant -Chandrashekhar Shriram Atram has challenged the said Judgment and order convicting him for the above referred offences and also sentencing him thereunder as aforesaid.

3. In brief, the prosecution case is as under:-

4. On 14th May, 2010, in the evening, PW 5 -Complainant _ Ganesh Ramnivas Chaudhari lodged a missing report with Gittikhadan Police Station, Nagpur, stating that his son Golu, aged about two-and-half-year, was playing in his courtyard at about 12.00 noon. When the complainant Ganesh, who had gone out, returned home at about 12.30 p.m., his wife told him that Golu is not being traced out. The complainant Ganesh searched for Golu and made enquiry with the relatives, but could not find him. The said report was registered at Sr. No.68 in the Missing Register.

5. On the next day, namely 15th May, 2010, when PW 11 -Subhah Pandurangrao Unhale, Police Sub-Inspector, was on duty as a Night Officer, at about 1.30 a.m., the complainant - Ganesh Chaudhari along with five-seven persons of Surendragarh Locality brought the accused - Chandrashekhar in the Police Station. Ganesh told the Police Sub-Inspector that he made enquiry with the accused about Golu, but the accused was giving evasive replies. On enquiry by PSI Subhash Unhale with the accused about Golu, the accused told him that he kept Golu at Gondia. Thereafter, accused told him that he kept Golu beneath a bridge located on Kalmeshwar road in between Katol Road Naka of Nagpur and Kalmeshwar. PSI Subhash Unhale took an entry in the Station Diary accordingly about the information given by the accused and proceeded from the Police Station along with police staff, the accused, persons from Surendragarh locality and the complainant in search of Golu. The accused showed the road to police and then he asked to stop the vehicle on a bridge on Katol Road. After getting down from the jeep, the accused took the police party beneath a bridge, where nothing was found. Then the accused told PSI that Golu was beneath the next bridge. Therefore, all went to the next two bridges, but again Golu was not found there. Then the accused took them to another bridge located on Kalmeshwar Road, and after stepping down from the jeep, told that Golu was available beneath that bridge. All of them went under the bridge along with a torch, and found a white plastic gunny bag containing something in it by the side of a stone beneath the bridge. On noticing the bag, the accused told them that Golu was in the bag. Upon search, a dead body of a small boy was found in it. The complainant - Ganesh Chaudhari identified the dead body to be that of Golu.

6. On opening the bag, they found a pad of cloth stuffed in the mouth of Golu and his both arms and one leg tied in back side by ‘Sutali’ [a jute string]. Blood was oozing out from the mouth of Golu. A Panchanama was prepared between 2.30 and 3.35 am., and then the dead body was brought and sent to mortuary. Complainant Ganesh Chaudhari lodged a report accusing the accused for having kidnapped Golu and committing his murder, because Ganesh had not paid Rs.5,000/- to the accused prior to fifteen da