JUDGMENT :

Sureshwar Thakur, J.

This judgment shall dispose of Murder Reference No. 4 of 2016 made by Additional District and Sessions Judge, Ferozepur, for making confirmation of death sentence awarded to convict-appellant Sukhjinder Singh @ Sukha; as well as Criminal Appeal No. D-80-DB of 2014, preferred by convict (supra) against the judgment and order dated 11.12.2013, passed by the Court of Additional Sessions Judge, Ferozepur.

2. CRA-D-80-DB-2014 (supra) is directed against the impugned verdict, as made on 11.12.2013, upon case bearing No. 05 of 2011, by the learned Additional Sessions Judge, Ferozepur, wherethrough in respect of charges respectively drawn against the accused-appellant qua offences punishable under Sections 364-A and 302 IPC, thus the learned trial Judge concerned, proceeded to record a finding of conviction against the appellant-convict.

3. Moreover, through a separate sentencing order of even date, the learned trial Judge concerned, sentenced the convict-appellant to capital punishment for an offence punishable under Section 364-A IPC, besides also imposed upon the convict-appellant (supra) sentence of fine, as comprised in the sum of Rs. One Lac, besides in default of payment of fine amount, he sentenced the said appellant to undergo rigorous imprisonment for a period of two years. The learned convicting Court concerned, also sentenced the convict-appellant to capital punishment for an offence punishable under Section 302 IPC, besides also imposed, upon the said convict-appellant sentence of fine, as comprised in a sum of Rs. One Lac, besides in default of payment of fine amount, it sentenced convict-appellant to undergo rigorous imprisonment for a period of two years.

4. Both the above imposed sentences of imprisonment upon the convict-appellant, were ordered to run concurrently but the period of detention undergone by the appellant-convict, during the investigations, and, trial of the case, was, in terms of Section 428 of the Cr.P.C., rather ordered to be set off from the above imposed sentence(s) of imprisonment.

5. The accused-convict becomes aggrieved from the above drawn verdict of conviction, besides also, becomes aggrieved from the consequent thereto sentences of imprisonment, and, of fine as became imposed, upon him, by the learned convicting Court concerned, and, hence has chosen to institute thereagainst the instant criminal appeal, before this Court.

Factual Background

6. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. P-18 is assigned. It is narrated in Ex. P-18, that on 23.10.2010, SI Gurmeet Singh, SHO, Police Station Makhu with other police officials was present at Jalla Chowk, Makhu. There Davinder Sharma son of Maharaj Chander, resident of Makhu along with Varinder Thukral, resident of Makhu, came present. The said Davinder Sharma (complainant), made the statement that he was running Sharma Clinic at Makhu and was having a daughter Akriti Sharma, aged 14 years and a son Hardik Sharma, aged 7 years, at the time of occurrence in 2010. The said Hardik Sharma was in 7th standard at Doon Valley School, Zira, who used to get tuition from 4.30 P.M., to 6.00 P. M., from Madam Gurpreet Kaur, residing at Makhu. On 23.10.2010, at about 6.00 P.M., the complainant on telephone was informed by his wife that the said son had not returned from tuition. The complainant closed the clinic, reached home and started searching his son with the help of neighbours. At about 8.45 P.M., from Mobile No. 98555-52977, he received a call at his Mobile No. 94631-11739, upon which a man asked to pay rupees four lacs, as his son was kidnapped by him. The complainant prayed that he was unable to pay the said amount and also prayed for some time to arrange the amount. After some time, he received another call to arrange rupees two lacs and to place the same near a room at Bus Stand of Village Sudan. In case he informed the police, his son would be killed. After arranging rupees two lacs,