JUDGMENT :

G.A. SANAP, J.

1. In this appeal, challenge is to the judgment and order dated 05.05.2018, passed by the learned Additional Sessions Judge-3, Nagpur whereby, the learned Judge convicted the appellant for commission of the offences under Sections 302 , 364-A and 201 of the INDIAN PENAL CODE (For short ‘IPC’) and sentenced him to death for the offence punishable under Section 302 of the IPC. The learned Judge also awarded the term sentence for the offences punishable under Sections 364-A and 201 of the IPC. The learned Additional Sessions Judge-3, Nagpur has also made reference to this Court for confirmation of death sentence awarded to the appellant. The appeal and reference are being disposed of by this common judgment.

2. The facts giving rising to this appeal are as follows:

The informant - Nitin Natthuji Borkar is the father of the deceased Yash. On the date of the incident, the deceased was 11 years old. It is the case of the prosecution that the appellant at the time of the incident was residing in a rented premises belonging to one Mr Dahane. The house of the informant is adjoining to the house of Mr. Dahane. On 10.06.2013, in the morning at about 6:00 a.m., the informant went to his Saloon shop. He came back to his house for lunch at 11:30 a.m. His wife Vaishali and his parents were at home. His son Yash (deceased) was playing, in front of his house, with other children. He called his son for lunch, however, he did not take lunch with him. After lunch, he went to his Saloon shop. It is stated that at about 7:00 p.m. wife of the informant made a phone call and informed him that Yash was not traceable. He went to his house. His wife informed him that Yash (deceased) was missing since 4:30 p.m.

3. The informant with his neighbor Raju Sontakke took search of Yash in Khapri Village and MIHAN locality. Yash was not found. The informant and Raju Sontakke went to village Kalkuhi, where the relatives of the informant reside. There they contacted Vitthal Jumde, an acquaintance of the informant and told him that Yash was missing. Vasanta, the nephew of the informant, was taking bath. The informant received a call on his mobile No. 9763631482 from the Mobile No. 8087879857. The caller made inquiry with the informant as “Tum ladke ke pita ho kya, Tumhara ladka Yash mere pas hai. Maine tumhare ladke ko kidnap kiya hai.” (Are you the father of the boy, I have your son Yash. I have kidnapped your son). The informant got frightened. He was unable to talk to the caller. He handed over the phone to Vasanta Jumde. Vasanta Jumde talked with the caller. After completion of the call, Vasanta told the informant that the caller gave his name as Javed Khan and he made call from village Khapri. Vasanta told the informant that the caller made a demand of Rs.2,00,000/- as a ransom to free his son. Vasanta told the caller that informant would not be able to satisfy his demand because the informant is poor. The caller extended the threat that if the amount is not paid then they would have to repent over their mistakes. In the midst of the call