Akil Abdul Hamid Kureshi, J.

1. Both these proceedings arise out of a common judgment dated 31.03.2012 rendered by the learned Sessions Judge, Navsari in Sessions Case No. 13 of 2007. By the impugned judgment, the accused Parvez Rana was convicted for offences punishable under Sections 364, 364A and 302 of IPC, for which, in addition to fine of Rs. 10,000/-, he was awarded death sentence. He was also convicted for offences under Sections 363 and 366 and sentenced to rigorous imprisonment for 07 years. Fine of Rs. 10,000/- each was imposed. For offence under Section 201 of IPC also, likewise he was convicted and sentenced to rigorous imprisonment of 07 years and fined for Rs. 10,000/-. This judgment of conviction has been challenged by the accused in Criminal Appeal No. 704 of 2012. Being a case of capital punishment, there is a separate confirmation case registered and placed before the High Court. Briefly stated the prosecution version was as under:

"One Hasmukhbhai Manilal Kachrola, first informant, PW 2, Exh. 52 resident of Navsari was working as a factory manager in a diamond polishing factory at Surat. He lived with his wife, two daughters and a son aged about 10 years n