1. The present appeal has been filed by the convict/ appellant-Sachin against the judgment of conviction dated 03.01.2017, whereby the appellant has been convicted under Section 302, 364 and 201 of the IPC, and against the order on sentence dated 18.01.2017 whereby the appellant has been sentenced to imprisonment for life along with fine of Rs.5,000/- and in default of payment of fine to further undergo three months simple imprisonment for the offence punishable under Section 302 IPC; to undergo rigorous imprisonment for ten years with fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for 15 days for the offence punishable under Section 364 IPC; and to undergo rigorous imprisonment for three years with fine of Rs.1,000/- and in default of payment of fine to further undergo simple imprisonment for 15 days for the offence punishable under Section 201 IPC.

2. The factual matrix emerging from the record is that on 31.08.2013, the complainant Sana came to the police station and reported to SI Gaurav regarding missing of her son Sahil aged about 7 years. Her statement was recorded in which she stated that on 31.08.2013 at about 11 a.m., her son Sahil was playing in the temple situated in front of her house. At about 12 noon when she went to the temple to look for her son, she could not find him. She tried to search for her son but he could not be found and she raised suspicion that someone had taken her son. She gave the description of her child and the clothes he was wearing. She disclosed that he was wearing blue colored slippers in his feet. On the basis of statement of the complainant, FIR was registered under Section 363 IPC.

3. During investigation, on 02.09.2013 at about 11.25 hours, a PCR call vide DD No.23A was received with regard to recovery of a dead body lying in a cooler of Shiv Durga Mandir which turned out to be that of Sahil. SI Gaurav reached the spot. Crime team was called and the spot was got inspected. Photographs of the spot were taken. The dead body of the boy was sent to the mortuary. The cooler was seized and after conducting postmortem, the dead body was handed over to his parents. Thereafter, penal sections 302/201 IPC were added in the present case.

4. The priest of the temple-Rajender Kumar and his son Kapil were interrogated. On the basis of their interrogation accused Sachin Kumar was apprehended on 03.09.2013 and he confessed to the crime. Allegedly, he planned to kill the boy Sahil for which he purchased one nada (rope) and a blade from a shop. On 31.08.2013 at about 11-11.15 a.m., Sahil was playing on the stairs of main gate of the temple. The accused was studying in the temple at the first floor. At the time of closing the temple, the priest asked the accused whether he wanted to study more. The priest left the keys of the temple with the accused and went to his residence. The accused called Sahil, took him to the first floor, hit his head to the wall and when the deceased fell on the bed, accused firstly pressed his neck, then strangulated him with the help of nada, put his body in the cooler, cut the throat of the boy with a blade and then cut his cheek. Then the accused closed the door of the temple and kicked the slippers of the deceased in the drain.

5. On 03.09.2013 the accused pointed out the place of occurrence. On the same day he got recovered the Topaz blade from under the bed; got recovered one slipper of the deceased from the drain; pointed out the shop from where he purchased the nada; one piece of nada was seized from the bundle of the nada from the shopkeeper, and; got recovered one Capri which he was wearing at the time of occurrence. The accused was medically examined and thereafter, his blood in gauge and semen were obtained and seized. The exhibits handed over by the doctor were also seized. The exhibits were sent to FSL for examination. The statements of PW2 and PW5 were got recorded under Section 164 Cr.Pc on 16.09.2013. The charg