P.D. Kode, J.

The aforesaid Confirmation Case arises out of a reference made by learned Extra Joint Ad-hoc. Additional Sessions Judge, Thane under section 366 of the Code of Criminal Procedure (hereinafter referred as "Code" for the sake of brevity) for confirmation of sentence of death awarded to both accused in Sessions Case No.78 of 2005. The said accused have preferred above stated Criminal Appeal challenging judgment and order of the conviction, sentence of death and so also other sentences awarded to them.

2. By the judgment and order delivered on 28/29th March, 2012, the learned Judge convicted both the accused/appellants for in furtherance of their common intention along with juvenile accused Nasim Muddus Ansari having committed the offences punishable under:-

(i) Section 364-A read with Section 34 of Indian Penal Code and sentenced each of them to death for committing murder of one Kumar Nitesh of aged 4 years i.e. son of PW1 Prakash Wadhwa and his wife PW5 Naina, kidnapped and detained by them for compelling PW1 to pay a ransom of Rs.15 lacs demanded by them;

(ii) Section 387 read with Section 34 of Indian Penal Code, for in order to commit extortion putting PW